Part IVE+W Witnesses and Evidence

Evidence in criminal casesE+W

[F1103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc.E+W

[F2(1)In any proceedings before a magistrates’ court inquiring as examining justices into an offence to which this section applies, a statement made in writing by or taken in writing from a child shall be admissible in evidence of any matter.]

(2)This section applies—

(a)to an offence which involves an assault, or injury or a threat of injury to, a person;

(b)to an offence under section 1 of the M1Children and Young Persons Act 1933 (cruelty to persons under 16);

(c)to an offence under the M2 Sexual Offences Act 1956, the M3Indecency with Children Act 1960, the M4Sexual Offences Act 1967, section 54 of the M5Criminal Law Act 1977 or the M6Protection of Children Act 1978; and

(d)to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b) or (c) above.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(5)In this section “child” has the same meaning as in section 53 of the Criminal Justice Act 1991.]]

Textual Amendments

F2S. 103(1) substituted (4.7.1996, with effect as mentioned in Sch. 1 Pt. III para. 39 of the substituting Act) by 1996 c. 25, s. 47, Sch. 1 Pt. I para. 10(2) (with s. 78(1)); S.I. 1997/683, art. 1(2)

F3S. 103(3)(4) repealed (4.7.1996, with effect as mentioned in Sch. 1 Pt. III para. 39 of the repealing Act) by 1996 c. 25, ss. 47, 80, Sch. 1 Pt. I para. 10(3), Sch. 5 table10 (with s. 78(1)); S.I. 1997/683, art. 1(2)

Marginal Citations

M31960 c. 33 (39:5).

M41967 c. 60 (39:5).

M51977 c. 45 (39:5).