Part III Criminal justice system
Functions of courts etc.
51CF1Notices in certain cases involving children
1
A notice may be given by the Director of Public Prosecutions under this section in respect of an offence falling within subsection (3) below if he is of the opinion—
a
that the evidence of the offence would be sufficient for the person charged to be put on trial for the offence;
b
that a child would be called as a witness at the trial; and
c
that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court.
2
That opinion must be certified by the Director of Public Prosecutions in the notice.
3
This subsection applies to an offence—
a
which involves an assault on, or injury or a threat of injury to, a person;
b
under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);
c
under the Sexual Offences Act 1956, the Protection of Children Act 1978 or the Sexual Offences Act 2003;
d
of kidnapping or false imprisonment, or an offence under section 1 or 2 of the Child Abduction Act 1984;
F2da
under section 1 or 2 of the Modern Slavery Act 2015;
4
Subsections (4), (5) and (6) of section 51B above apply for the purposes of this section as they apply for the purposes of that.
5
The functions of the Director of Public Prosecutions under this section may be exercised by an officer acting on behalf of the Director.
6
A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).
7
In this section “child” means—
a
a person who is under the age of 17; or
b
any person of whom a video recording (as defined in section 63(1) of the Youth Justice and Criminal Evidence Act 1999) was made when he was under the age of 17 with a view to its admission as his evidence in chief in the trial referred to in subsection (1) above.