The Criminal Evidence (Northern Ireland) Order 1999

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

   3. 3. Meaning of “sexual offence” and other references to offences

3. PART II SPECIAL MEASURES DIRECTIONS IN CASE OF VULNERABLE AND INTIMIDATED WITNESSES

   1. Preliminary

      1. 4. Witnesses eligible for assistance on grounds of age or incapacity

      2. 5. Witnesses eligible for assistance on grounds of fear or distress about testifying

      3. 6. Special measures available to eligible witnesses

   2. Special measures directions

      1. 7. Special measures direction relating to eligible witness

      2. 8. Further provisions about directions: general

      3. 9. Special provisions relating to child witnesses

      4. 10. Extension of provisions of Article 9 to certain witnesses over 17

   3. Special measures

      1. 11. Screening witness from accused

      2. 12. Evidence by live link

      3. 13. Evidence given in private

      4. 14. Removal of wigs and gowns

      5. 15. Video recorded evidence in chief

      6. 16. Video recorded cross-examination or re-examination

      7. 17. Examination of witness through intermediary

      8. 18. Aids to communication

   4. Supplementary

      1. 19. Status of evidence given under this Part

      2. 20. Warning to jury

      3. 21. Interpretation etc. of Part II

4. PART III PROTECTION OF WITNESSES FROM CROSS-EXAMINATION BY ACCUSED IN PERSON

   1. General prohibitions

      1. 22. Complainants in proceedings for sexual offences

      2. 23. Child complainants and other child witnesses

   2. Prohibition imposed by court

      1. 24. Direction prohibiting accused from cross-examining particular witness

      2. 25. Further provisions about directions under Article 24

   3. Cross-examination on behalf of accused

      1. 26. Defence representation for purposes of cross-examination

      2. 27. Warning to jury

5. PART IV PROTECTION OF COMPLAINANTS IN PROCEEDINGS FOR SEXUAL OFFENCES

   1. 28. Restriction on evidence or questions about complainant’s sexual history

   2. 29. Interpretation and application of Article 28

   3. 30. Procedure on applications under Article 28

6. PART V COMPETENCE OF WITNESSES AND CAPACITY TO BE SWORN

   1. Competence of witnesses

      1. 31. Competence of witnesses to give evidence

      2. 32. Determining competence of witnesses

   2. Giving of sworn or unsworn evidence

      1. 33. Determining whether witness to be sworn

      2. 34. Reception of unsworn evidence

      3. 35. Penalty for giving false unsworn evidence

7. PART VI RESTRICTIONS ON USE OF EVIDENCE

   1. 36. Inferences from silence not permissible where no prior access to legal advice

   2. 37. Removal of restriction on use of evidence from computer records

8. PART VII FINAL PROVISIONS

   1. 38. Orders

   2. 39. General supplementary provisions

   3. 40. Minor and consequential amendments, transitional provisions and repeals

9. Signature

10. SCHEDULES

    1. SCHEDULE 1

       MINOR AND CONSEQUENTIAL AMENDMENTS

       1. The Criminal Evidence Act (Northern Ireland) 1923 (c. 9 (N.I.))

          1. 1. (1) Section 1 (competence of accused as witness for the...

       2. The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)

          1. 2. In Article 13(3) for “Article 20 of the Criminal Justice...

       3. The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

          1. 3. (1) In Article 78(1) (accused to give evidence on oath),...

       4. The Children’s Evidence (Northern Ireland) Order 1995 (NI 3)

          1. 4. (1) In Article 4(1) for the words “Article 81(3) of...

       5. The Criminal Justice (Northern Ireland) Order 1996 (NI 24)

          1. 5. (1) In Article 47 (offences of intimidating, and of doing...

       6. The Youth Justice and Criminal Evidence Act 1999 (c. 23)

          1. 6. In section 47(2) after paragraph (a) insert—

    2. SCHEDULE 2

       TRANSITIONAL PROVISIONS AND SAVINGS

       1. Interpretation

          1. 1. (1) In this Schedule— “the 1989 Order” means the Police...

       2. Special measures under Part II

          1. 2. (1) A special measures direction may be given in relation...

       3. Protection of witnesses from cross-examination by accused in person

          1. 3. Nothing in Part III applies in relation to proceedings instituted...

       4. Protection of complainants in proceedings for sexual offences

          1. 4. (1) Nothing in Part IV applies in relation to continuing...

       5. Competence of witnesses and capacity to be sworn

          1. 5. Nothing in Part V applies in relation to proceedings instituted...

       6. Inferences from silence

          1. 6. The amendments made by Article 36— (a) apply only to...

    3. SCHEDULE 3

       REPEALS

11. Explanatory Note