- Latest available (Revised)
- Point in Time (10/05/2013)
- Original (As made)
Version Superseded: 21/02/2022
Point in time view as at 10/05/2013. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Criminal Evidence (Northern Ireland) Order 1999, Section 24 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
24.—(1) This Article applies where, in a case where neither of Articles 22 and 23 operates to prevent an accused in any criminal proceedings from cross-examining a witness in person—
(a)the prosecutor makes an application for the court to give a direction under this Article in relation to the witness, or
(b)the court of its own motion raises the issue whether such a direction should be given.
(2) If it appears to the court—
(a)that the quality of evidence given by the witness on cross-examination—
(i)is likely to be diminished if the cross-examination (or further cross-examination) is conducted by the accused in person, and
(ii)would be likely to be improved if a direction were given under this Article, and
(b)that it would not be contrary to the interests of justice to give such a direction,
the court may give a direction prohibiting the accused from cross-examining (or further cross-examining) the witness in person.
(3) In determining whether paragraph (2)(a) applies in the case of a witness the court must have regard, in particular, to—
(a)any views expressed by the witness as to whether or not the witness is content to be cross-examined by the accused in person;
(b)the nature of the questions likely to be asked, having regard to the issues in the proceedings and the defence case advanced so far (if any);
(c)any behaviour on the part of the accused at any stage of the proceedings, both generally and in relation to the witness;
(d)any relationship (of whatever nature) between the witness and the accused;
(e)whether any person (other than the accused) is or has at any time been charged in the proceedings with a sexual offence or an offence to which Article 23 applies, and (if so) whether Article 22 or 23 operates or would have operated to prevent that person from cross-examining the witness in person;
(f)any direction under Article 7 which the court has given, or proposes to give, in relation to the witness.
(4) For the purposes of this Article—
(a)“witness”, in relation to an accused, does not include any other person who is charged with an offence in the proceedings; and
(b)any reference to the quality of a witness's evidence shall be construed in accordance with Article 4(5).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: