Youth Justice and Criminal Evidence Act 1999

1999 CHAPTER 23

An Act to provide for the referral of offenders under 18 to youth offender panels; to make provision in connection with the giving of evidence or information for the purposes of criminal proceedings; to amend section 51 of the Criminal Justice and Public Order Act 1994; to make pre-consolidation amendments relating to youth justice; and for connected purposes.

[27th July 1999]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act transitional provisions for effects of S.I. 2002/3150 (N.I.) (5.9.2003) by The Company Directors Disqualification (2002 Order) (Transitional Provisions) Order (Northern Ireland) 2003 (S.R. 2003/346), arts. 3-6

Part I E+W Referrals to youth offender panels

Referral orders E+W

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 1 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 3 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F4 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F4 S. 4 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F5 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 S. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Youth offender panels E+W

F6 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F6 S. 6 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F7 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 S. 7 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Youth offender contracts E+W

F8 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 S. 8 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F9 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 9 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F10 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 10 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F11 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 11 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F12 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 S. 12 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Further court proceedings E+W

F13 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 13 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Supplementary E+W

F14 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 14 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F15 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 15 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Part II U.K. Giving of evidence or information for purposes of criminal proceedings

Chapter I E+W Special measures directions in case of vulnerable and intimidated witnesses

Modifications etc. (not altering text)

C2 Pt. 2 Chs. 1-3 amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

C3 Pt. 2 Ch. 1 applied (with modifications) by 1998 c. 37, s. 1I(2)(3) (as inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s))

Preliminary E+W

16 Witnesses eligible for assistance on grounds of age or incapacity. E+W

(1) For the purposes of this Chapter a witness in criminal proceedings (other than the accused) is eligible for assistance by virtue of this section—

(a) if under the age of 17 at the time of the hearing; or

(b) if the court considers that the quality of evidence given by the witness is likely to be diminished by reason of any circumstances falling within subsection (2).

(2) The circumstances falling within this subsection are—

(a) that the witness—

(i) suffers from mental disorder within the meaning of the M1 Mental Health Act 1983, or

(ii) otherwise has a significant impairment of intelligence and social functioning;

(b) that the witness has a physical disability or is suffering from a physical disorder.

(3) In subsection (1)(a) “the time of the hearing”, in relation to a witness, means the time when it falls to the court to make a determination for the purposes of section 19(2) in relation to the witness.

(4) In determining whether a witness falls within subsection (1)(b) the court must consider any views expressed by the witness.

(5) In this Chapter references to the quality of a witness’s evidence are to its quality in terms of completeness, coherence and accuracy; and for this purpose “coherence” refers to a witness’s ability in giving evidence to give answers which address the questions put to the witness and can be understood both individually and collectively.

Commencement Information

I1 S. 16 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 16 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

Marginal Citations

M1 1983 c. 20.

17 Witnesses eligible for assistance on grounds of fear or distress about testifying. E+W

(1) For the purposes of this Chapter a witness in criminal proceedings (other than the accused) is eligible for assistance by virtue of this subsection if the court is satisfied that the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with testifying in the proceedings.

(2) In determining whether a witness falls within subsection (1) the court must take into account, in particular—

(a) the nature and alleged circumstances of the offence to which the proceedings relate;

(b) the age of the witness;

(c) such of the following matters as appear to the court to be relevant, namely—

(i) the social and cultural background and ethnic origins of the witness,

(ii) the domestic and employment circumstances of the witness, and

(iii) any religious beliefs or political opinions of the witness;

(d) any behaviour towards the witness on the part of—

(i) the accused,

(ii) members of the family or associates of the accused, or

(iii) any other person who is likely to be an accused or a witness in the proceedings.

(3) In determining that question the court must in addition consider any views expressed by the witness.

(4) Where the complainant in respect of a sexual offence is a witness in proceedings relating to that offence (or to that offence and any other offences), the witness is eligible for assistance in relation to those proceedings by virtue of this subsection unless the witness has informed the court of the witness’ wish not to be so eligible by virtue of this subsection.

Commencement Information

I2 S. 17 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 17 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

18 Special measures available to eligible witnesses. E+W

(1) For the purposes of this Chapter—

(a) the provision which may be made by a special measures direction by virtue of each of sections 23 to 30 is a special measure available in relation to a witness eligible for assistance by virtue of section 16; and

(b) the provision which may be made by such a direction by virtue of each of sections 23 to 28 is a special measure available in relation to a witness eligible for assistance by virtue of section 17;

but this subsection has effect subject to subsection (2).

(2) Where (apart from this subsection) a special measure would, in accordance with subsection (1)(a) or (b), be available in relation to a witness in any proceedings, it shall not be taken by a court to be available in relation to the witness unless—

(a) the court has been notified by the Secretary of State that relevant arrangements may be made available in the area in which it appears to the court that the proceedings will take place, and

(b) the notice has not been withdrawn.

(3) In subsection (2) “relevant arrangements” means arrangements for implementing the measure in question which cover the witness and the proceedings in question.

(4) The withdrawal of a notice under that subsection relating to a special measure shall not affect the availability of that measure in relation to a witness if a special measures direction providing for that measure to apply to the witness’s evidence has been made by the court before the notice is withdrawn.

(5) The Secretary of State may by order make such amendments of this Chapter as he considers appropriate for altering the special measures which, in accordance with subsection (1)(a) or (b), are available in relation to a witness eligible for assistance by virtue of section 16 or (as the case may be) section 17, whether—

(a) by modifying the provisions relating to any measure for the time being available in relation to such a witness,

(b) by the addition—

(i) (with or without modifications) of any measure which is for the time being available in relation to a witness eligible for assistance by virtue of the other of those sections, or

(ii) of any new measure, or

(c) by the removal of any measure.

Commencement Information

I3 S. 18 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 18 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

Special measures directions E+W

19 Special measures direction relating to eligible witness. E+W

(1) This section applies where in any criminal proceedings—

(a) a party to the proceedings makes an application for the court to give a direction under this section in relation to a witness in the proceedings other than the accused, or

(b) the court of its own motion raises the issue whether such a direction should be given.

(2) Where the court determines that the witness is eligible for assistance by virtue of section 16 or 17, the court must then—

(a) determine whether any of the special measures available in relation to the witness (or any combination of them) would, in its opinion, be likely to improve the quality of evidence given by the witness; and

(b) if so—

(i) determine which of those measures (or combination of them) would, in its opinion, be likely to maximise so far as practicable the quality of such evidence; and

(ii) give a direction under this section providing for the measure or measures so determined to apply to evidence given by the witness.

(3) In determining for the purposes of this Chapter whether any special measure or measures would or would not be likely to improve, or to maximise so far as practicable, the quality of evidence given by the witness, the court must consider all the circumstances of the case, including in particular—

(a) any views expressed by the witness; and

(b) whether the measure or measures might tend to inhibit such evidence being effectively tested by a party to the proceedings.

(4) A special measures direction must specify particulars of the provision made by the direction in respect of each special measure which is to apply to the witness’s evidence.

(5) In this Chapter “special measures direction” means a direction under this section.

(6) Nothing in this Chapter is to be regarded as affecting any power of a court to make an order or give leave of any description (in the exercise of its inherent jurisdiction or otherwise)—

(a) in relation to a witness who is not an eligible witness, or

(b) in relation to an eligible witness where (as, for example, in a case where a foreign language interpreter is to be provided) the order is made or the leave is given otherwise than by reason of the fact that the witness is an eligible witness.

Commencement Information

I4 S. 19 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 19 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

20 Further provisions about directions: general. E+W

(1) Subject to subsection (221.) and section 21(8), a special measures direction has binding effect from the time it is made until the proceedings for the purposes of which it is made are either—

(a) determined (by acquittal, conviction or otherwise), or

(b) abandoned,

in relation to the accused or (if there is more than one) in relation to each of the accused.

(2) The court may discharge or vary (or further vary) a special measures direction if it appears to the court to be in the interests of justice to do so, and may do so either—

(a) on an application made by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or

(b) of its own motion.

(3) In subsection (2) “the relevant time” means—

(a) the time when the direction was given, or

(b) if a previous application has been made under that subsection, the time when the application (or last application) was made.

(4) Nothing in section 24(2) and (3), 27(4) to (7) or 28(4) to (6) is to be regarded as affecting the power of the court to vary or discharge a special measures direction under subsection (2).

(5) The court must state in open court its reasons for—

(a) giving or varying,

(b) refusing an application for, or for the variation or discharge of, or

(c) discharging,

a special measures direction and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings.

(6) [F16 Criminal Procedure Rules] may make provision—

(a) for uncontested applications to be determined by the court without a hearing;

(b) for preventing the renewal of an unsuccessful application for a special measures direction except where there has been a material change of circumstances;

(c) for expert evidence to be given in connection with an application for, or for varying or discharging, such a direction;

(d) for the manner in which confidential or sensitive information is to be treated in connection with such an application and in particular as to its being disclosed to, or withheld from, a party to the proceedings.

Textual Amendments

F16 Words in s. 20(6) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(a); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

Commencement Information

I5 S. 20 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4): s. 20 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

21 Special provisions relating to child witnesses. E+W

(1) For the purposes of this section—

(a) a witness in criminal proceedings is a “child witness” if he is an eligible witness by reason of section 16(1)(a) (whether or not he is an eligible witness by reason of any other provision of section 16 or 17);

(b) a child witness is “in need of special protection” if the offence (or any of the offences) to which the proceedings relate is—

(i) an offence falling within section 35(3)(a) (sexual offences etc.), or

(ii) an offence falling within section 35(3)(b), (c) or (d) (kidnapping, assaults etc.); and

(c) a “relevant recording”, in relation to a child witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.

(2) Where the court, in making a determination for the purposes of section 19(2), determines that a witness in criminal proceedings is a child witness, the court must—

(a) first have regard to subsections (3) to (7) below; and

(b) then have regard to section 19(2);

and for the purposes of section 19(2), as it then applies to the witness, any special measures required to be applied in relation to him by virtue of this section shall be treated as if they were measures determined by the court, pursuant to section 19(2)(a) and (b)(i), to be ones that (whether on their own or with any other special measures) would be likely to maximise, so far as practicable, the quality of his evidence.

(3) The primary rule in the case of a child witness is that the court must give a special measures direction in relation to the witness which complies with the following requirements—

(a) it must provide for any relevant recording to be admitted under section 27 (video recorded evidence in chief); and

(b) it must provide for any evidence given by the witness in the proceedings which is not given by means of a video recording (whether in chief or otherwise) to be given by means of a live link in accordance with section 24.

(4) The primary rule is subject to the following limitations—

(a) the requirement contained in subsection (3)(a) or (b) has effect subject to the availability (within the meaning of section 18(2)) of the special measure in question in relation to the witness;

(b) the requirement contained in subsection (3)(a) also has effect subject to section 27(2); and

(c) the rule does not apply to the extent that the court is satisfied that compliance with it would not be likely to maximise the quality of the witness’s evidence so far as practicable (whether because the application to that evidence of one or more other special measures available in relation to the witness would have that result or for any other reason).

(5) However, subsection (4)(c) does not apply in relation to a child witness in need of special protection.

(6) Where a child witness is in need of special protection by virtue of subsection (1)(b)(i), any special measures direction given by the court which complies with the requirement contained in subsection (3)(a) must in addition provide for the special measure available under section 28 (video recorded cross-examination or re-examination) to apply in relation to—

(a) any cross-examination of the witness otherwise than by the accused in person, and

(b) any subsequent re-examination.

(7) The requirement contained in subsection (6) has effect subject to the following limitations—

(a) it has effect subject to the availability (within the meaning of section 18(2)) of that special measure in relation to the witness; and

(b) it does not apply if the witness has informed the court that he does not want that special measure to apply in relation to him.

(8) Where a special measures direction is given in relation to a child witness who is an eligible witness by reason only of section 16(1)(a), then—

(a) subject to subsection (9) below, and

(b) except where the witness has already begun to give evidence in the proceedings,

the direction shall cease to have effect at the time when the witness attains the age of 17.

(9) Where a special measures direction is given in relation to a child witness who is an eligible witness by reason only of section 16(1)(a) and—

(a) the direction provides—

(i) for any relevant recording to be admitted under section 27 as evidence in chief of the witness, or

(ii) for the special measure available under section 28 to apply in relation to the witness, and

(b) if it provides for that special measure to so apply, the witness is still under the age of 17 when the video recording is made for the purposes of section 28,

then, so far as it provides as mentioned in paragraph (a)(i) or (ii) above, the direction shall continue to have effect in accordance with section 20(1) even though the witness subsequently attains that age.

Commencement Information

I6 S. 21 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 20 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

22 Extension of provisions of section 21 to certain witnesses over 17. E+W

(1) For the purposes of this section—

(a) a witness in criminal proceedings (other than the accused) is a “qualifying witness” if he—

(i) is not an eligible witness at the time of the hearing (as defined by section 16(3)), but

(ii) was under the age of 17 when a relevant recording was made;

(b) a qualifying witness is “in need of special protection” if the offence (or any of the offences) to which the proceedings relate is—

(i) an offence falling within section 35(3)(a) (sexual offences etc.), or

(ii) an offence falling within section 35(3)(b), (c) or (d) (kidnapping, assaults etc.); and

(c) a “relevant recording”, in relation to a witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.

(2) Subsections (2) to (7) of section 21 shall apply as follows in relation to a qualifying witness—

(a) subsections (2) to (4), so far as relating to the giving of a direction complying with the requirement contained in subsection (3)(a), shall apply to a qualifying witness in respect of the relevant recording as they apply to a child witness (within the meaning of that section);

(b) subsection (5), so far as relating to the giving of such a direction, shall apply to a qualifying witness in need of special protection as it applies to a child witness in need of special protection (within the meaning of that section); and

(c) subsections (6) and (7) shall apply to a qualifying witness in need of special protection by virtue of subsection (1)(b)(i) above as they apply to such a child witness as is mentioned in subsection (6).

Commencement Information

I7 S. 22 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 22 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

Special measures E+W

23 Screening witness from accused. E+W

(1) A special measures direction may provide for the witness, while giving testimony or being sworn in court, to be prevented by means of a screen or other arrangement from seeing the accused.

(2) But the screen or other arrangement must not prevent the witness from being able to see, and to be seen by—

(a) the judge or justices (or both) and the jury (if there is one);

(b) legal representatives acting in the proceedings; and

(c) any interpreter or other person appointed (in pursuance of the direction or otherwise) to assist the witness.

(3) Where two or more legal representatives are acting for a party to the proceedings, subsection (2)(b) is to be regarded as satisfied in relation to those representatives if the witness is able at all material times to see and be seen by at least one of them.

Commencement Information

I8 S. 23 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 23 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

24 Evidence by live link. E+W

(1) A special measures direction may provide for the witness to give evidence by means of a live link.

(2) Where a direction provides for the witness to give evidence by means of a live link, the witness may not give evidence in any other way without the permission of the court.

(3) The court may give permission for the purposes of subsection (2) if it appears to the court to be in the interests of justice to do so, and may do so either—

(a) on an application by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or

(b) of its own motion.

(4) In subsection (3) “the relevant time” means—

(a) the time when the direction was given, or

(b) if a previous application has been made under that subsection, the time when the application (or last application) was made.

F17 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this Chapter “live link” means a live television link or other arrangement whereby a witness, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the persons specified in section 23(2)(a) to (c).

Textual Amendments

F17 S. 24(5)-(7) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 385, Sch. 10; S.I. 2005/910, art. 3(y)

Commencement Information

I9 S. 24 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 24 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

25 Evidence given in private. E+W

(1) A special measures direction may provide for the exclusion from the court, during the giving of the witness’s evidence, of persons of any description specified in the direction.

(2) The persons who may be so excluded do not include—

(a) the accused,

(b) legal representatives acting in the proceedings, or

(c) any interpreter or other person appointed (in pursuance of the direction or otherwise) to assist the witness.

(3) A special measures direction providing for representatives of news gathering or reporting organisations to be so excluded shall be expressed not to apply to one named person who—

(a) is a representative of such an organisation, and

(b) has been nominated for the purpose by one or more such organisations,

unless it appears to the court that no such nomination has been made.

(4) A special measures direction may only provide for the exclusion of persons under this section where—

(a) the proceedings relate to a sexual offence; or

(b) it appears to the court that there are reasonable grounds for believing that any person other than the accused has sought, or will seek, to intimidate the witness in connection with testifying in the proceedings.

(5) Any proceedings from which persons are excluded under this section (whether or not those persons include representatives of news gathering or reporting organisations) shall nevertheless be taken to be held in public for the purposes of any privilege or exemption from liability available in respect of fair, accurate and contemporaneous reports of legal proceedings held in public.

Commencement Information

I10 S. 25 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 25 jn force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

26 Removal of wigs and gowns. E+W

A special measures direction may provide for the wearing of wigs or gowns to be dispensed with during the giving of the witness’s evidence.

Commencement Information

I11 S. 26 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 26 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

27 Video recorded evidence in chief. E+W

(1) A special measures direction may provide for a video recording of an interview of the witness to be admitted as evidence in chief of the witness.

(2) A special measures direction may, however, not provide for a video recording, or a part of such a recording, to be admitted under this section if the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording, or that part of it, should not be so admitted.

(3) In considering for the purposes of subsection (2) whether any part of a recording should not be admitted under this section, the court must consider whether any prejudice to the accused which might result from that part being so admitted is outweighed by the desirability of showing the whole, or substantially the whole, of the recorded interview.

(4) Where a special measures direction provides for a recording to be admitted under this section, the court may nevertheless subsequently direct that it is not to be so admitted if—

(a) it appears to the court that—

(i) the witness will not be available for cross-examination (whether conducted in the ordinary way or in accordance with any such direction), and

(ii) the parties to the proceedings have not agreed that there is no need for the witness to be so available; or

(b) any [F18 Criminal Procedure Rules] requiring disclosure of the circumstances in which the recording was made have not been complied with to the satisfaction of the court.

(5) Where a recording is admitted under this section—

(a) the witness must be called by the party tendering it in evidence, unless—

(i) a special measures direction provides for the witness’s evidence on cross-examination to be given otherwise than by testimony in court, or

(ii) the parties to the proceedings have agreed as mentioned in subsection (4)(a)(ii); and

(b) the witness may not give evidence in chief otherwise than by means of the recording—

(i) as to any matter which, in the opinion of the court, has been dealt with adequately in the witness’s recorded testimony, or

(ii) without the permission of the court, as to any other matter which, in the opinion of the court, is dealt with in that testimony.

(6) Where in accordance with subsection (2) a special measures direction provides for part only of a recording to be admitted under this section, references in subsections (4) and (5) to the recording or to the witness’s recorded testimony are references to the part of the recording or testimony which is to be so admitted.

(7) The court may give permission for the purposes of subsection (5)(b)(ii) if it appears to the court to be in the interests of justice to do so, and may do so either—

(a) on an application by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or

(b) of its own motion.

(8) In subsection (7) “the relevant time” means—

(a) the time when the direction was given, or

(b) if a previous application has been made under that subsection, the time when the application (or last application) was made.

(9) The court may, in giving permission for the purposes of subsection (5)(b)(ii), direct that the evidence in question is to be given by the witness by means of a live link; and, if the court so directs, subsections (5) to (7) of section 24 shall apply in relation to that evidence as they apply in relation to evidence which is to be given in accordance with a special measures direction.

(10) A magistrates’ court inquiring into an offence as examining justices under section 6 of the M2 Magistrates’ Courts Act 1980 may consider any video recording in relation to which it is proposed to apply for a special measures direction providing for it to be admitted at the trial in accordance with this section.

(11) Nothing in this section affects the admissibility of any video recording which would be admissible apart from this section.

Textual Amendments

F18 Words in s. 27(4)(b) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(b); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

Commencement Information

I12 S. 27 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 27 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

Marginal Citations

M2 1980 c. 43.

28 Video recorded cross-examination or re-examination. E+W

(1) Where a special measures direction provides for a video recording to be admitted under section 27 as evidence in chief of the witness, the direction may also provide—

(a) for any cross-examination of the witness, and any re-examination, to be recorded by means of a video recording; and

(b) for such a recording to be admitted, so far as it relates to any such cross-examination or re-examination, as evidence of the witness under cross-examination or on re-examination, as the case may be.

(2) Such a recording must be made in the presence of such persons as [F19 Criminal Procedure Rules] or the direction may provide and in the absence of the accused, but in circumstances in which—

(a) the judge or justices (or both) and legal representatives acting in the proceedings are able to see and hear the examination of the witness and to communicate with the persons in whose presence the recording is being made, and

(b) the accused is able to see and hear any such examination and to communicate with any legal representative acting for him.

(3) Where two or more legal representatives are acting for a party to the proceedings, subsection (2)(a) and (b) are to be regarded as satisfied in relation to those representatives if at all material times they are satisfied in relation to at least one of them.

(4) Where a special measures direction provides for a recording to be admitted under this section, the court may nevertheless subsequently direct that it is not to be so admitted if any requirement of subsection (2) or [F20 Criminal Procedure Rules] or the direction has not been complied with to the satisfaction of the court.

(5) Where in pursuance of subsection (1) a recording has been made of any examination of the witness, the witness may not be subsequently cross-examined or re-examined in respect of any evidence given by the witness in the proceedings (whether in any recording admissible under section 27 or this section or otherwise than in such a recording) unless the court gives a further special measures direction making such provision as is mentioned in subsection (1)(a) and (b) in relation to any subsequent cross-examination, and re-examination, of the witness.

(6) The court may only give such a further direction if it appears to the court—

(a) that the proposed cross-examination is sought by a party to the proceedings as a result of that party having become aware, since the time when the original recording was made in pursuance of subsection (1), of a matter which that party could not with reasonable diligence have ascertained by then, or

(b) that for any other reason it is in the interests of justice to give the further direction.

(7) Nothing in this section shall be read as applying in relation to any cross-examination of the witness by the accused in person (in a case where the accused is to be able to conduct any such cross-examination).

Textual Amendments

F19 Words in s. 28(2) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(c); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

F20 Words in s. 28(4) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(c); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

Commencement Information

I13 Pt. 2 Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

29 Examination of witness through intermediary. E+W

(1) A special measures direction may provide for any examination of the witness (however and wherever conducted) to be conducted through an interpreter or other person approved by the court for the purposes of this section (“an intermediary”).

(2) The function of an intermediary is to communicate—

(a) to the witness, questions put to the witness, and

(b) to any person asking such questions, the answers given by the witness in reply to them,

and to explain such questions or answers so far as necessary to enable them to be understood by the witness or person in question.

(3) Any examination of the witness in pursuance of subsection (1) must take place in the presence of such persons as [F21 Criminal Procedure Rules] or the direction may provide, but in circumstances in which—

(a) the judge or justices (or both) and legal representatives acting in the proceedings are able to see and hear the examination of the witness and to communicate with the intermediary, and

(b) (except in the case of a video recorded examination) the jury (if there is one) are able to see and hear the examination of the witness.

(4) Where two or more legal representatives are acting for a party to the proceedings, subsection (3)(a) is to be regarded as satisfied in relation to those representatives if at all material times it is satisfied in relation to at least one of them.

(5) A person may not act as an intermediary in a particular case except after making a declaration, in such form as may be prescribed by [F22 Criminal Procedure Rules], that he will faithfully perform his function as intermediary.

(6) Subsection (1) does not apply to an interview of the witness which is recorded by means of a video recording with a view to its admission as evidence in chief of the witness; but a special measures direction may provide for such a recording to be admitted under section 27 if the interview was conducted through an intermediary and—

(a) that person complied with subsection (5) before the interview began, and

(b) the court’s approval for the purposes of this section is given before the direction is given.

(7) Section 1 of the M3 Perjury Act 1911 (perjury) shall apply in relation to a person acting as an intermediary as it applies in relation to a person lawfully sworn as an interpreter in a judicial proceeding; and for this purpose, where a person acts as an intermediary in any proceeding which is not a judicial proceeding for the purposes of that section, that proceeding shall be taken to be part of the judicial proceeding in which the witness’s evidence is given.

Textual Amendments

F21 Words in s. 29(3) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(d); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

F22 Words in s. 29(5) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(d); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

Commencement Information

I14 Pt. 2 Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

I15 S. 29 in force at 23.2.2004 in so far as not already in force by S.I. 2004/299, art. 2

Marginal Citations

M3 1911 c. 6.

30 Aids to communication. E+W

A special measures direction may provide for the witness, while giving evidence (whether by testimony in court or otherwise), to be provided with such device as the court considers appropriate with a view to enabling questions or answers to be communicated to or by the witness despite any disability or disorder or other impairment which the witness has or suffers from.

Commencement Information

I16 S. 30 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 30 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)

Supplementary E+W

31 Status of evidence given under Chapter I. E+W

(1) Subsections (2) to (4) apply to a statement made by a witness in criminal proceedings which, in accordance with a special measures direction, is not made by the witness in direct oral testimony in court but forms part of the witness’s evidence in those proceedings.

(2) The statement shall be treated as if made by the witness in direct oral testimony in court; and accordingly—

(a) it is admissible evidence of any fact of which such testimony from the witness would be admissible;

(b) it is not capable of corroborating any other evidence given by the witness.

(3) Subsection (2) applies to a statement admitted under section 27 or 28 which is not made by the witness on oath even though it would have been required to be made on oath if made by the witness in direct oral testimony in court.

(4) In estimating the weight (if any) to be attached to the statement, the court must have regard to all the circumstances from which an inference can reasonably be drawn (as to the accuracy of the statement or otherwise).

(5) Nothing in this Chapter (apart from subsection (3)) affects the operation of any rule of law relating to evidence in criminal proceedings.

(6) Where any statement made by a person on oath in any proceeding which is not a judicial proceeding for the purposes of section 1 of the M4 Perjury Act 1911 (perjury) is received in evidence in pursuance of a special measures direction, that proceeding shall be taken for the purposes of that section to be part of the judicial proceeding in which the statement is so received in evidence.

(7) Where in any proceeding which is not a judicial proceeding for the purposes of that Act—

(a) a person wilfully makes a false statement otherwise than on oath which is subsequently received in evidence in pursuance of a special measures direction, and

(b) the statement is made in such circumstances that had it been given on oath in any such judicial proceeding that person would have been guilty of perjury,

he shall be guilty of an offence and liable to any punishment which might be imposed on conviction of an offence under section 57(2) (giving of false unsworn evidence in criminal proceedings).

(8) In this section “statement” includes any representation of fact, whether made in words or otherwise.

Commencement Information

I17 S. 31 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 31 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(b)

Marginal Citations

M4 1911 c. 6.

32 Warning to jury. E+W

Where on a trial on indictment [F23 with a jury] evidence has been given in accordance with a special measures direction, the judge must give the jury such warning (if any) as the judge considers necessary to ensure that the fact that the direction was given in relation to the witness does not prejudice the accused.

Textual Amendments

F23 Words in s. 32 inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 75; S.I. 2006/1835, art. 2(h)

Commencement Information

I18 S. 32 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 32 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(b)

33 Interpretation etc. of Chapter I. E+W

(1) In this Chapter—

• “eligible witness” means a witness eligible for assistance by virtue of section 16 or 17;

• “live link” has the meaning given by section 24(8);

• “quality”, in relation to the evidence of a witness, shall be construed in accordance with section 16(5);

• “special measures direction” means (in accordance with section 19(5)) a direction under section 19.

(2) In this Chapter references to the special measures available in relation to a witness shall be construed in accordance with section 18.

(3) In this Chapter references to a person being able to see or hear, or be seen or heard by, another person are to be read as not applying to the extent that either of them is unable to see or hear by reason of any impairment of eyesight or hearing.

(4) In the case of any proceedings in which there is more than one accused—

(a) any reference to the accused in sections 23 to 28 may be taken by a court, in connection with the giving of a special measures direction, as a reference to all or any of the accused, as the court may determine, and

(b) any such direction may be given on the basis of any such determination.

Commencement Information

I19 S. 33 wholly in force at 24.7.2002; Pt.II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 33 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739 {art. 2(b)}

Chapter II E+W Protection of witnesses from cross-examination by accused in person

Modifications etc. (not altering text)

C4 Pt. II Chs. I-III amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

General prohibitions E+W

34 Complainants in proceedings for sexual offences. E+W

No person charged with a sexual offence may in any criminal proceedings cross-examine in person a witness who is the complainant, either—

(a) in connection with that offence, or

(b) in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.

Commencement Information

I20 S. 34 wholly in force at 4.9.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 34 in force at 4.9.2000 by S.I. 2000/2091, art. 2(a)

35 Child complainants and other child witnesses. E+W

(1) No person charged with an offence to which this section applies may in any criminal proceedings cross-examine in person a protected witness, either—

(a) in connection with that offence, or

(b) in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.

(2) For the purposes of subsection (1) a “protected witness” is a witness who—

(a) either is the complainant or is alleged to have been a witness to the commission of the offence to which this section applies, and

(b) either is a child or falls to be cross-examined after giving evidence in chief (whether wholly or in part)—

(i) by means of a video recording made (for the purposes of section 27) at a time when the witness was a child, or

(ii) in any other way at any such time.

(3) The offences to which this section applies are—

(a) any offence under—

F24 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25 (iva) any of sections 33 to 36 of the Sexual Offences Act 1956,]

(v) the M5 Protection of Children Act 1978;[F26 or

(vi) Part 1 of the Sexual Offences Act 2003 [F27 or any relevant superseded enactment];]

(b) kidnapping, false imprisonment or an offence under section 1 or 2 of the M6 Child Abduction Act 1984;

(c) any offence under section 1 of the M7 Children and Young Persons Act 1933;

(d) any offence (not within any of the preceding paragraphs) which involves an assault on, or injury or a threat of injury to, any person.

[F28 (3A) In subsection (3)(a)(vi) “relevant superseded enactment” means—

(a) any of sections 1 to 32 of the Sexual Offences Act 1956;

(b) the Indecency with Children Act 1960;

(c) the Sexual Offences Act 1967;

(d) section 54 of the Criminal Law Act 1977.]

(4) In this section “child” means—

(a) where the offence falls within subsection (3)(a), a person under the age of 17; or

(b) where the offence falls within subsection (3)(b), (c) or (d), a person under the age of 14.

(5) For the purposes of this section “witness” includes a witness who is charged with an offence in the proceedings.

Textual Amendments

F24 S. 35(3)(a)(i)-(iv) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 7; S.I. 2004/874, art. 2

F25 S. 35(3)(a)(iva) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 paras. 36(2)(a), 38

F26 S. 35(3)(a)(vi) and preceding word inserted (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 41(2); S.I. 2004/874, art. 2

F27 Words in s. 35(3)(a)(vi) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 paras. 36(2)(b), 38

F28 S. 35(3A) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 paras. 36(3), 38

Commencement Information

I21 S. 35 wholly in force at 4.9.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 35 in force at 4.9.2000 by S.I. 2000/2091, art. 2(b)

Marginal Citations

M5 1978 c. 37.

M6 1984 c. 37.

M7 1933 c. 12.

Prohibition imposed by court E+W

36 Direction prohibiting accused from cross-examining particular witness. E+W

(1) This section applies where, in a case where neither of sections 34 and 35 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 section 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 section, 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 subsection (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 section 35 applies, and (if so) whether section 34 or 35 operates or would have operated to prevent that person from cross-examining the witness in person;

(f) any direction under section 19 which the court has given, or proposes to give, in relation to the witness.

(4) For the purposes of this section—

(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 section 16(5).

Commencement Information

I22 S. 36 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 36 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(c)

37 Further provisions about directions under section 36. E+W

(1) Subject to subsection (2), a direction has binding effect from the time it is made until the witness to whom it applies is discharged.

• In this section “direction” means a direction under section 36.

(2) The court may discharge a direction if it appears to the court to be in the interests of justice to do so, and may do so either—

(a) on an application made by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or

(b) of its own motion.

(3) In subsection (2) “the relevant time” means—

(a) the time when the direction was given, or

(b) if a previous application has been made under that subsection, the time when the application (or last application) was made.

(4) The court must state in open court its reasons for—

(a) giving, or

(b) refusing an application for, or for the discharge of, or

(c) discharging,

a direction and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings.

(5) [F29 Criminal Procedure Rules] may make provision—

(a) for uncontested applications to be determined by the court without a hearing;

(b) for preventing the renewal of an unsuccessful application for a direction except where there has been a material change of circumstances;

(c) for expert evidence to be given in connection with an application for, or for discharging, a direction;

(d) for the manner in which confidential or sensitive information is to be treated in connection with such an application and in particular as to its being disclosed to, or withheld from, a party to the proceedings.

Textual Amendments

F29 Words in s. 37(5) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(e); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

Commencement Information

I23 S. 37 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 37 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(c)

Cross-examination on behalf of accused E+W

38 Defence representation for purposes of cross-examination. E+W

(1) This section applies where an accused is prevented from cross-examining a witness in person by virtue of section 34, 35 or 36.

(2) Where it appears to the court that this section applies, it must—

(a) invite the accused to arrange for a legal representative to act for him for the purpose of cross-examining the witness; and

(b) require the accused to notify the court, by the end of such period as it may specify, whether a legal representative is to act for him for that purpose.

(3) If by the end of the period mentioned in subsection (2)(b) either—

(a) the accused has notified the court that no legal representative is to act for him for the purpose of cross-examining the witness, or

(b) no notification has been received by the court and it appears to the court that no legal representative is to so act,

the court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a legal representative appointed to represent the interests of the accused.

(4) If the court decides that it is necessary in the interests of justice for the witness to be so cross-examined, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the accused.

(5) A person so appointed shall not be responsible to the accused.

(6) [F30 Criminal Procedure Rules] may make provision—

(a) as to the time when, and the manner in which, subsection (2) is to be complied with;

(b) in connection with the appointment of a legal representative under subsection (4), and in particular for securing that a person so appointed is provided with evidence or other material relating to the proceedings.

(7) [F30 Criminal Procedure Rules] made in pursuance of subsection (6)(b) may make provision for the application, with such modifications as are specified in the rules, of any of the provisions of—

(a) Part I of the M8 Criminal Procedure and Investigations Act 1996 (disclosure of material in connection with criminal proceedings), or

(b) the M9 Sexual Offences (Protected Material) Act 1997.

(8) For the purposes of this section—

(a) any reference to cross-examination includes (in a case where a direction is given under section 36 after the accused has begun cross-examining the witness) a reference to further cross-examination; and

(b) “qualified legal representative” means a legal representative who has a right of audience (within the meaning of the M10 Courts and Legal Services Act 1990) in relation to the proceedings before the court.

Textual Amendments

F30 Words in s. 38(6)(7) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(f); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

Commencement Information

I24 S. 38 wholly in force at 4.9.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 38 in force at 4.9.2000 by S.I. 2000/2091, art. 2(c)

Marginal Citations

M8 1996 c. 25.

M9 1997 c. 39.

M10 1990 c. 41.

39 Warning to jury. E+W

(1) Where on a trial on indictment [F31 with a jury] an accused is prevented from cross-examining a witness in person by virtue of section 34, 35 or 36, the judge must give the jury such warning (if any) as the judge considers necessary to ensure that the accused is not prejudiced—

(a) by any inferences that might be drawn from the fact that the accused has been prevented from cross-examining the witness in person;

(b) where the witness has been cross-examined by a legal representative appointed under section 38(4), by the fact that the cross-examination was carried out by such a legal representative and not by a person acting as the accused’s own legal representative.

(2) Subsection (8)(a) of section 38 applies for the purposes of this section as it applies for the purposes of section 38.

Textual Amendments

F31 Words in s. 39(1) inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 76; S.I. 2006/1835, art. 2(h)

Commencement Information

I25 S. 39 wholly in force at 4.9.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 39 in force at 4.9.2000 by S.I. 2000/2091, art. 2(d)

40 Funding of defence representation. E+W

(1) In section 19(3) of the M11 Prosecution of Offences Act 1985 (regulations authorising payments out of central funds), after paragraph (d) there shall be inserted—

“(e) to cover the proper fee or costs of a legal representative appointed under section 38(4) of the Youth Justice and Criminal Evidence Act 1999 (defence representation for purposes of cross-examination) and any expenses properly incurred in providing such a person with evidence or other material in connection with his appointment.”

F32 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 S. 40(2) repealed (2.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 para. 7(2), 36(9)); S.I. 2001/916, art. 3(b) (with Sch. 2 para. 2)

Commencement Information

I26 S. 40 wholly in force at 4.9.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes and s. 40(1) in force at Royal Assent, see s. 68(4)(b)(c); s. 40 in force at 4.9.2000 by S.I. 2000/2091, art. 2(e)

Marginal Citations

M11 1985 c. 23.

Chapter III E+W Protection of complainants in proceedings for sexual offences

Modifications etc. (not altering text)

C5 Pt. II Chs. I-III amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

41 Restriction on evidence or questions about complainant’s sexual history. E+W

(1) If at a trial a person is charged with a sexual offence, then, except with the leave of the court—

(a) no evidence may be adduced, and

(b) no question may be asked in cross-examination,

by or on behalf of any accused at the trial, about any sexual behaviour of the complainant.

(2) The court may give leave in relation to any evidence or question only on an application made by or on behalf of an accused, and may not give such leave unless it is satisfied—

(a) that subsection (3) or (5) applies, and

(b) that a refusal of leave might have the result of rendering unsafe a conclusion of the jury or (as the case may be) the court on any relevant issue in the case.

(3) This subsection applies if the evidence or question relates to a relevant issue in the case and either—

(a) that issue is not an issue of consent; or

(b) it is an issue of consent and the sexual behaviour of the complainant to which the evidence or question relates is alleged to have taken place at or about the same time as the event which is the subject matter of the charge against the accused; or

(c) it is an issue of consent and the sexual behaviour of the complainant to which the evidence or question relates is alleged to have been, in any respect, so similar—

(i) to any sexual behaviour of the complainant which (according to evidence adduced or to be adduced by or on behalf of the accused) took place as part of the event which is the subject matter of the charge against the accused, or

(ii) to any other sexual behaviour of the complainant which (according to such evidence) took place at or about the same time as that event,

that the similarity cannot reasonably be explained as a coincidence.

(4) For the purposes of subsection (3) no evidence or question shall be regarded as relating to a relevant issue in the case if it appears to the court to be reasonable to assume that the purpose (or main purpose) for which it would be adduced or asked is to establish or elicit material for impugning the credibility of the complainant as a witness.

(5) This subsection applies if the evidence or question—

(a) relates to any evidence adduced by the prosecution about any sexual behaviour of the complainant; and

(b) in the opinion of the court, would go no further than is necessary to enable the evidence adduced by the prosecution to be rebutted or explained by or on behalf of the accused.

(6) For the purposes of subsections (3) and (5) the evidence or question must relate to a specific instance (or specific instances) of alleged sexual behaviour on the part of the complainant (and accordingly nothing in those subsections is capable of applying in relation to the evidence or question to the extent that it does not so relate).

(7) Where this section applies in relation to a trial by virtue of the fact that one or more of a number of persons charged in the proceedings is or are charged with a sexual offence—

(a) it shall cease to apply in relation to the trial if the prosecutor decides not to proceed with the case against that person or those persons in respect of that charge; but

(b) it shall not cease to do so in the event of that person or those persons pleading guilty to, or being convicted of, that charge.

(8) Nothing in this section authorises any evidence to be adduced or any question to be asked which cannot be adduced or asked apart from this section.

Commencement Information

I27 S. 41 wholly in force at 4.12.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 41 in force at 4.12.2000 in so far as not already in force by S.I. 2000/3075, art. 2(a)

42 Interpretation and application of section 41. E+W

(1) In section 41—

(a) “relevant issue in the case” means any issue falling to be proved by the prosecution or defence in the trial of the accused;

(b) “issue of consent” means any issue whether the complainant in fact consented to the conduct constituting the offence with which the accused is charged (and accordingly does not include any issue as to the belief of the accused that the complainant so consented);

(c) “sexual behaviour” means any sexual behaviour or other sexual experience, whether or not involving any accused or other person, but excluding (except in section 41(3)(c)(i) and (5)(a)) anything alleged to have taken place as part of the event which is the subject matter of the charge against the accused; and

(d) subject to any order made under subsection (2), “sexual offence” shall be construed in accordance with section 62.

(2) The Secretary of State may by order make such provision as he considers appropriate for adding or removing, for the purposes of section 41, any offence to or from the offences which are sexual offences for the purposes of this Act by virtue of section 62.

(3) Section 41 applies in relation to the following proceedings as it applies to a trial, namely—

(a) proceedings before a magistrates’ court inquiring into an offence as examining justices,

(b) the hearing of an application under paragraph 5(1) of Schedule 6 to the M12 Criminal Justice Act 1991 (application to dismiss charge following notice of transfer of case to Crown Court),

(c) the hearing of an application under paragraph 2(1) of Schedule 3 to the M13 Crime and Disorder Act 1998 (application to dismiss charge by person sent for trial under section 51 [F33 or 51A ] of that Act),

(d) any hearing held, between conviction and sentencing, for the purpose of determining matters relevant to the court’s decision as to how the accused is to be dealt with, and

(e) the hearing of an appeal,

and references (in section 41 or this section) to a person charged with an offence accordingly include a person convicted of an offence.

Textual Amendments

F33 Words in s. 42(3)(c) inserted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 73(3)(b); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

Commencement Information

I28 S. 42 wholly in force at 4.12.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 42 in force at 4.12.2000 in so far as not already in force by S.I. 2000/3075, art. 2(a)

Marginal Citations

M12 1991 c. 53.

M13 1998 c. 37.

43 Procedure on applications under section 41. E+W

(1) An application for leave shall be heard in private and in the absence of the complainant.

• In this section “leave” means leave under section 41.

(2) Where such an application has been determined, the court must state in open court (but in the absence of the jury, if there is one)—

(a) its reasons for giving, or refusing, leave, and

(b) if it gives leave, the extent to which evidence may be adduced or questions asked in pursuance of the leave,

and, if it is a magistrates’ court, must cause those matters to be entered in the register of its proceedings.

(3) [F34 Criminal Procedure Rules] may make provision—

(a) requiring applications for leave to specify, in relation to each item of evidence or question to which they relate, particulars of the grounds on which it is asserted that leave should be given by virtue of subsection (3) or (5) of section 41;

(b) enabling the court to request a party to the proceedings to provide the court with information which it considers would assist it in determining an application for leave;

(c) for the manner in which confidential or sensitive information is to be treated in connection with such an application, and in particular as to its being disclosed to, or withheld from, parties to the proceedings.

Textual Amendments

F34 Words in s. 43(3) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(g); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

Commencement Information

I29 S. 43 wholly in force at 4.12.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 43 in force at 4.12.2000 in so far as not already in force by S.I. 2000/3075, art. 2(a)

Chapter IV U.K. Reporting restrictions

Reports relating to persons under 18 U.K.

44 Restrictions on reporting alleged offences involving persons under 18. U.K.

(1) This section applies (subject to subsection (3)) where a criminal investigation has begun in respect of—

(a) an alleged offence against the law of—

(i) England and Wales, or

(ii) Northern Ireland; or

(b) an alleged civil offence (other than an offence falling within paragraph (a)) committed (whether or not in the United Kingdom) by a person subject to service law.

(2) No matter relating to any person involved in the offence shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as a person involved in the offence.

(3) The restrictions imposed by subsection (2) cease to apply once there are proceedings in a court (whether a court in England and Wales, a service court or a court in Northern Ireland) in respect of the offence.

(4) For the purposes of subsection (2) any reference to a person involved in the offence is to—

(a) a person by whom the offence is alleged to have been committed; or

(b) if this paragraph applies to the publication in question by virtue of subsection (5)—

(i) a person against or in respect of whom the offence is alleged to have been committed, or

(ii) a person who is alleged to have been a witness to the commission of the offence;

except that paragraph (b)(i) does not include a person in relation to whom section 1 of the M14 Sexual Offences (Amendment) Act 1992 (anonymity of victims of certain sexual offences) applies in connection with the offence.

(5) Subsection (4)(b) applies to a publication if—

(a) where it is a relevant programme, it is transmitted, or

(b) in the case of any other publication, it is published,

on or after such date as may be specified in an order made by the Secretary of State.

(6) The matters relating to a person in relation to which the restrictions imposed by subsection (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a) his name,

(b) his address,

(c) the identity of any school or other educational establishment attended by him,

(d) the identity of any place of work, and

(e) any still or moving picture of him.

(7) Any appropriate criminal court may by order dispense, to any extent specified in the order, with the restrictions imposed by subsection (2) in relation to a person if it is satisfied that it is necessary in the interests of justice to do so.

(8) However, when deciding whether to make such an order dispensing (to any extent) with the restrictions imposed by subsection (2) in relation to a person, the court shall have regard to the welfare of that person.

(9) In subsection (7) “appropriate criminal court” means—

(a) in a case where this section applies by virtue of subsection (1)(a)(i) or (ii), any court in England and Wales or (as the case may be) in Northern Ireland which has any jurisdiction in, or in relation to, any criminal proceedings (but not a service court unless the offence is alleged to have been committed by a person subject to service law);

(b) in a case where this section applies by virtue of subsection (1)(b), any court falling within paragraph (a) or a service court.

(10) The power under subsection (7) of a magistrates’ court in England and Wales may be exercised by a single justice.

(11) In the case of a decision of a magistrates’ court in England and Wales, or a court of summary jurisdiction in Northern Ireland, to make or refuse to make an order under subsection (7), the following persons, namely—

(a) any person who was a party to the proceedings on the application for the order, and

(b) with the leave of the Crown Court [F35 , or in Northern Ireland a county court], any other person,

may, in accordance with [F36 Criminal Procedure Rules in England and Wales, or rules of court in Northern Ireland], appeal to the Crown Court [F35 , or in Northern Ireland a county court,] against that decision or appear or be represented at the hearing of such an appeal.

(12) On such an appeal the Crown Court [F37 or in Northern Ireland a county court]—

(a) may make such order as is necessary to give effect to its determination of the appeal; and

(b) may also make such incidental or consequential orders as appear to it to be just.

(13) In this section—

(a) “civil offence” means an act or omission which, if committed in England and Wales, would be an offence against the law of England and Wales;

(b) any reference to a criminal investigation, in relation to an alleged offence, is to an investigation conducted by police officers, or other persons charged with the duty of investigating offences, with a view to it being ascertained whether a person should be charged with the offence;

(c) any reference to a person subject to service law is to—

(i) a person subject to military law, air-force law or the M15 Naval Discipline Act 1957, or

(ii) any other person to whom provisions of Part II of the M16 Army Act 1955, Part II of the M17 Air Force Act 1955 or Parts I and II of the M18 Naval Discipline Act 1957 apply (whether with or without any modifications).

Textual Amendments

F35 Words in s. 44(11) inserted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247), art. 1(3), Sch. 1 para. 23(a); S.R. 2003/352, art. 2(d)

F36 Words in s. 44(11) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 386; S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

F37 Words in s. 44(12) inserted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247), art. 1(3), Sch. 1 para. 23(b); S.R. 2003/352, art. 2(d)

Commencement Information

I30 Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

Marginal Citations

M14 1992 c. 34.

M15 1957 c. 53.

M16 1955 c. 18.

M17 1955 c. 19.

M18 1957 c. 53.

45 Power to restrict reporting of criminal proceedings involving persons under 18. U.K.

(1) This section applies (subject to subsection (2)) in relation to—

(a) any criminal proceedings in any court (other than a service court) in England and Wales or Northern Ireland; and

(b) any proceedings (whether in the United Kingdom or elsewhere) in any service court.

(2) This section does not apply in relation to any proceedings to which section 49 of the M19 Children and Young Persons Act 1933 applies.

(3) The court may direct that no matter relating to any person concerned in the proceedings shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as a person concerned in the proceedings.

(4) The court or an appellate court may by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a direction under subsection (3) if it is satisfied that it is necessary in the interests of justice to do so.

(5) The court or an appellate court may also by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a direction under subsection (3) if it is satisfied—

(a) that their effect is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and

(b) that it is in the public interest to remove or relax that restriction;

but no excepting direction shall be given under this subsection by reason only of the fact that the proceedings have been determined in any way or have been abandoned.

(6) When deciding whether to make—

(a) a direction under subsection (3) in relation to a person, or

(b) an excepting direction under subsection (4) or (5) by virtue of which the restrictions imposed by a direction under subsection (3) would be dispensed with (to any extent) in relation to a person,

the court or (as the case may be) the appellate court shall have regard to the welfare of that person.

(7) For the purposes of subsection (3) any reference to a person concerned in the proceedings is to a person—

(a) against or in respect of whom the proceedings are taken, or

(b) who is a witness in the proceedings.

(8) The matters relating to a person in relation to which the restrictions imposed by a direction under subsection (3) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a) his name,

(b) his address,

(c) the identity of any school or other educational establishment attended by him,

(d) the identity of any place of work, and

(e) any still or moving picture of him.

(9) A direction under subsection (3) may be revoked by the court or an appellate court.

(10) An excepting direction—

(a) may be given at the time the direction under subsection (3) is given or subsequently; and

(b) may be varied or revoked by the court or an appellate court.

(11) In this section “appellate court”, in relation to any proceedings in a court, means a court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings or with any further appeal.

Commencement Information

I31 Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

Marginal Citations

M19 1933 c. 12.

Reports relating to adult witnesses U.K.

46 Power to restrict reports about certain adult witnesses in criminal proceedings. U.K.

(1) This section applies where—

(a) in any criminal proceedings in any court (other than a service court) in England and Wales or Northern Ireland, or

(b) in any proceedings (whether in the United Kingdom or elsewhere) in any service court,

a party to the proceedings makes an application for the court to give a reporting direction in relation to a witness in the proceedings (other than the accused) who has attained the age of 18.

• In this section “reporting direction” has the meaning given by subsection (6).

(2) If the court determines—

(a) that the witness is eligible for protection, and

(b) that giving a reporting direction in relation to the witness is likely to improve—

(i) the quality of evidence given by the witness, or

(ii) the level of co-operation given by the witness to any party to the proceedings in connection with that party’s preparation of its case,

the court may give a reporting direction in relation to the witness.

(3) For the purposes of this section a witness is eligible for protection if the court is satisfied—

(a) that the quality of evidence given by the witness, or

(b) the level of co-operation given by the witness to any party to the proceedings in connection with that party’s preparation of its case,

is likely to be diminished by reason of fear or distress on the part of the witness in connection with being identified by members of the public as a witness in the proceedings.

(4) In determining whether a witness is eligible for protection the court must take into account, in particular—

(a) the nature and alleged circumstances of the offence to which the proceedings relate;

(b) the age of the witness;

(c) such of the following matters as appear to the court to be relevant, namely—

(i) the social and cultural background and ethnic origins of the witness,

(ii) the domestic and employment circumstances of the witness, and

(iii) any religious beliefs or political opinions of the witness;

(d) any behaviour towards the witness on the part of—

(i) the accused,

(ii) members of the family or associates of the accused, or

(iii) any other person who is likely to be an accused or a witness in the proceedings.

(5) In determining that question the court must in addition consider any views expressed by the witness.

(6) For the purposes of this section a reporting direction in relation to a witness is a direction that no matter relating to the witness shall during the witness’s lifetime be included in any publication if it is likely to lead members of the public to identify him as being a witness in the proceedings.

(7) The matters relating to a witness in relation to which the restrictions imposed by a reporting direction apply (if their inclusion in any publication is likely to have the result mentioned in subsection (6)) include in particular—

(a) the witness’s name,

(b) the witness’s address,

(c) the identity of any educational establishment attended by the witness,

(d) the identity of any place of work, and

(e) any still or moving picture of the witness.

(8) In determining whether to give a reporting direction the court shall consider—

(a) whether it would be in the interests of justice to do so, and

(b) the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of the proceedings.

(9) The court or an appellate court may by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a reporting direction if—

(a) it is satisfied that it is necessary in the interests of justice to do so, or

(b) it is satisfied—

(i) that the effect of those restrictions is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and

(ii) that it is in the public interest to remove or relax that restriction;

but no excepting direction shall be given under paragraph (b) by reason only of the fact that the proceedings have been determined in any way or have been abandoned.

(10) A reporting direction may be revoked by the court or an appellate court.

(11) An excepting direction—

(a) may be given at the time the reporting direction is given or subsequently; and

(b) may be varied or revoked by the court or an appellate court.

(12) In this section—

(a) “appellate court”, in relation to any proceedings in a court, means a court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings or with any further appeal;

(b) references to the quality of a witness’s evidence are to its quality in terms of completeness, coherence and accuracy (and for this purpose “coherence” refers to a witness’s ability in giving evidence to give answers which address the questions put to the witness and can be understood both individually and collectively);

(c) references to the preparation of the case of a party to any proceedings include, where the party is the prosecution, the carrying out of investigations into any offence at any time charged in the proceedings.

Commencement Information

I32 Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

I33 S. 46 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(a)

I34 S. 46 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(a)

I35 S. 46 in force at 8.11.2004 for N.I. in so far as not already in force by S.R. 2004/467, art. 2(a)

Reports relating to directions under Chapter I or II U.K.

47 Restrictions on reporting directions under Chapter I or II. U.K.

(1) Except as provided by this section, no publication shall include a report of a matter falling within subsection (2).

(2) The matters falling within this subsection are—

(a) a direction under section 19 or 36 or an order discharging, or (in the case of a direction under section 19) varying, such a direction;

[F38 (aa) a direction under Article 7 or 24 of the Criminal Evidence (Northern Ireland) Order 1999 or an order discharging, or (in the case of a direction under Article 7) varying, such a direction;]

(b) proceedings—

(i) on an application for such a direction or order, or

(ii) where the court acts of its own motion to determine whether to give or make any such direction or order.

(3) The court dealing with a matter falling within subsection (2) may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of that matter.

(4) Where—

(a) there is only one accused in the relevant proceedings, and

(b) he objects to the making of an order under subsection (3),

the court shall make the order if (and only if) satisfied after hearing the representations of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objections or representations.

(5) Where—

(a) there are two or more accused in the relevant proceedings, and

(b) one or more of them object to the making of an order under subsection (3),

the court shall make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objections or representations.

(6) Subsection (1) does not apply to the inclusion in a publication of a report of matters after the relevant proceedings are either—

(a) determined (by acquittal, conviction or otherwise), or

(b) abandoned,

in relation to the accused or (if there is more than one) in relation to each of the accused.

(7) In this section “the relevant proceedings” means the proceedings to which any such direction as is mentioned in subsection (2) relates or would relate.

(8) Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of matter in a publication.

Textual Amendments

F38 S. 47(2)(aa) inserted (30.6.2003 for specified purposes, 1.12.2003 for specified purposes, 8.11.2004 for specified purposes, 21.12.2004 for specified purposes) by The Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789), art. 1(2), Sch. 1 para. 6 (with Sch. 2); S.R. 2003/323, art. 2, Sch.; S.R. 2003/476, arts. 2, 4; S.R. 2004/468, art. 2; S.R. 2004/531, art. 2

Modifications etc. (not altering text)

C6 S. 47 applied (with modifications) by 1998 c. 37, s. 1I(5) (as inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s))

C7 S. 47 applied (with modifications) by S.I. 2004/1988 (N.I. 12), art. 6C(5) (as inserted (18.9.2006) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(2)(a), 6; S.R. 2006/368, art. 2(a))

Commencement Information

I36 S. 47 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 47 in force in so far as not already in force for E.W. at 24.7.2002 by S.I. 2002/1739, art. 2(d)

I37 S. 47 in force at 8.11.2004 for N.I. in so far as not already in force by S.R. 2004/467, art. 2(b)

Other restrictions U.K.

48 Amendments relating to other reporting restrictions. U.K.

Schedule 2, which contains amendments relating to reporting restrictions under—

(a) the M20 Children and Young Persons Act 1933,

(b) the M21 Sexual Offences (Amendment) Act 1976,

(c) the M22 Sexual Offences (Northern Ireland) Order 1978,

(d) the M23 Sexual Offences (Amendment) Act 1992, and

(e) the M24 Criminal Justice (Northern Ireland) Order 1994,

shall have effect.

Commencement Information

I38 Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

I39 S. 48(b) in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(b)

I40 S. 48(c) in force at 8.11.2004 for N.I. in so far as not already in force by S.R. 2004/467, art. 2(c)

I41 S. 48(d) in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(b)

I42 S. 48(d) in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)(d)

I43 S. 48(e) in force at 8.11.2004 for N.I. in so far as not already in force by S.R. 2004/467, art. 2(c)

Marginal Citations

M20 1933 c. 12.

M21 1976 c. 82.

M22 S.I 1978/460 (N.I. 15).

M23 1992 c. 34.

M24 S.I. 1994/2795 (N.I. 15).

Offences U.K.

49 Offences under Chapter IV. U.K.

(1) This section applies if a publication—

(a) includes any matter in contravention of section 44(2) or of a direction under section 45(3) or 46(2); or

(b) includes a report in contravention of section 47.

(2) Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence.

(3) Where the publication is a relevant programme—

(a) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and

(b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

is guilty of an offence.

(4) In the case of any other publication, any person publishing it is guilty of an offence.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) Proceedings for an offence under this section in respect of a publication falling within subsection (1)(b) may not be instituted—

(a) in England and Wales otherwise than by or with the consent of the Attorney General, or

(b) in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.

Modifications etc. (not altering text)

C8 S. 49 applied by S.I. 2004/1988 (N.I. 12), art. 6C(5) (as inserted (N.I.) (18.9.2006) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(2)(a), 6; S.R. 2006/368, art. 2(a))

Commencement Information

I44 Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

I45 S. 49 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(c)

I46 S. 49 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(d)

I47 S. 49(1)-(5) in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(b)

50 Defences. U.K.

(1) Where a person is charged with an offence under section 49 it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication included the matter or report in question.

(2) Where—

(a) a person is charged with an offence under section 49, and

(b) the offence relates to the inclusion of any matter in a publication in contravention of section 44(2),

it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the criminal investigation in question had begun.

(3) Where—

(a) paragraphs (a) and (b) of subsection (2) apply, and

(b) the contravention of section 44(2) does not relate to either—

(i) the person by whom the offence mentioned in that provision is alleged to have been committed, or

(ii) (where that offence is one in relation to which section 1 of the M25 Sexual Offences (Amendment) Act 1992 applies) a person who is alleged to be a witness to the commission of the offence,

it shall be a defence to show to the satisfaction of the court that the inclusion in the publication of the matter in question was in the public interest on the ground that, to the extent that they operated to prevent that matter from being so included, the effect of the restrictions imposed by section 44(2) was to impose a substantial and unreasonable restriction on the reporting of matters connected with that offence.

(4) Subsection (5) applies where—

(a) paragraphs (a) and (b) of subsection (2) apply, and

(b) the contravention of section 44(2) relates to a person (“the protected person”) who is neither—

(i) the person mentioned in subsection (3)(b)(i), nor

(ii) a person within subsection (3)(b)(ii) who is under the age of 16.

(5) In such a case it shall be a defence, subject to subsection (6), to prove that written consent to the inclusion of the matter in question in the publication had been given—

(a) by an appropriate person, if at the time when the consent was given the protected person was under the age of 16, or

(b) by the protected person, if that person was aged 16 or 17 at that time,

and (where the consent was given by an appropriate person) that written notice had been previously given to that person drawing to his attention the need to consider the welfare of the protected person when deciding whether to give consent.

(6) The defence provided by subsection (5) is not available if—

(a) (where the consent was given by an appropriate person) it is proved that written or other notice withdrawing the consent—

(i) was given to the appropriate recipient by any other appropriate person or by the protected person, and

(ii) was so given in sufficient time to enable the inclusion in the publication of the matter in question to be prevented; or

(b) subsection (8) applies.

(7) Where—

(a) a person is charged with an offence under section 49, and

(b) the offence relates to the inclusion of any matter in a publication in contravention of a direction under section 46(2),

it shall be a defence, unless subsection (8) applies, to prove that the person in relation to whom the direction was given had given written consent to the inclusion of that matter in the publication.

(8) Written consent is not a defence if it is proved that any person interfered—

(a) with the peace or comfort of the person giving the consent, or

(b) (where the consent was given by an appropriate person) with the peace or comfort of either that person or the protected person,

with intent to obtain the consent.

(9) In this section—

• “an appropriate person” means (subject to subsections (10) to (12))—

  (a)

  in England and Wales or Northern Ireland, a person who is a parent or guardian of the protected person, or

  (b)

  in Scotland, a person who has parental responsibilities (within the meaning of section 1(3) of the M26 Children (Scotland) Act 1995) in relation to the protected person;

• “guardian”, in relation to the protected person, means any person who is not a parent of the protected person but who has parental responsibility for the protected person within the meaning of—

  (a)

  (in England and Wales) the M27 Children Act 1989, or

  (b)

  (in Northern Ireland) the M28 Children (Northern Ireland) Order 1995.

(10) Where the protected person is (within the meaning of the Children Act 1989) a child who is looked after by a local authority, “an appropriate person” means a person who is—

(a) a representative of that authority, or

(b) a parent or guardian of the protected person with whom the protected person is allowed to live.

(11) Where the protected person is (within the meaning of the M29 Children (Northern Ireland) Order 1995) a child who is looked after by an authority, “an appropriate person” means a person who is—

(a) an officer of that authority, or

(b) a parent or guardian of the protected person with whom the protected person is allowed to live.

(12) Where the protected person is (within the meaning of section 17(6) of the M30 Children (Scotland) Act 1995) a child who is looked after by a local authority, “an appropriate person” means a person who is—

(a) a representative of that authority, or

(b) a person who has parental responsibilities (within the meaning of section 1(3) of that Act) in relation to the protected person and with whom the protected person is allowed to live.

(13) However, no person by whom the offence mentioned in section 44(2) is alleged to have been committed is, by virtue of subsections (9) to (12), an appropriate person for the purposes of this section.

(14) In this section “the appropriate recipient”, in relation to a notice under subsection (6)(a), means—

(a) the person to whom the notice giving consent was given,

(b) (if different) the person by whom the matter in question was published, or

(c) any other person exercising, on behalf of the person mentioned in paragraph (b), any responsibility in relation to the publication of that matter;

and for this purpose “person” includes a body of persons and a partnership.

Commencement Information

I48 Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

I49 S. 50 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(c)

I50 S. 50 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(b)

I51 S. 50 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(d)

Marginal Citations

M25 1992 c. 34.

M26 1995 c. 36.

M27 1989 c. 41.

M28 S.I. 1995/755 (N.I. 2.).

M29 S.I. 1995/755 (N.I. 2.).

M30 1995 c. 36.

51 Offences committed by bodies corporate or Scottish partnerships. U.K.

(1) If an offence under section 49 committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of, or

(b) to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In subsection (1) “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, “director” in subsection (2) means a member of that body.

(4) Where an offence under section 49 is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Modifications etc. (not altering text)

C9 S. 51 applied by S.I. 2004/1988 (N.I. 12), art. 6C(5) (as inserted (N.I.) (18.9.2006) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(2)(a), 6; S.R. 2006/368, art. 2(a))

Commencement Information

I52 Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

I53 S. 51 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(b)

I54 S. 51 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(c)

I55 S. 51 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(d)

Supplementary U.K.

52 Decisions as to public interest for purposes of Chapter IV. U.K.

(1) Where for the purposes of any provision of this Chapter it falls to a court to determine whether anything is (or, as the case may be, was) in the public interest, the court must have regard, in particular, to the matters referred to in subsection (2) (so far as relevant).

(2) Those matters are—

(a) the interest in each of the following—

(i) the open reporting of crime,

(ii) the open reporting of matters relating to human health or safety, and

(iii) the prevention and exposure of miscarriages of justice;

(b) the welfare of any person in relation to whom the relevant restrictions imposed by or under this Chapter apply or would apply (or, as the case may be, applied); and

(c) any views expressed—

(i) by an appropriate person on behalf of a person within paragraph (b) who is under the age of 16 (“the protected person”), or

(ii) by a person within that paragraph who has attained that age.

(3) In subsection (2) “an appropriate person”, in relation to the protected person, has the same meaning as it has for the purposes of section 50.

Commencement Information

I56 Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

I57 S. 52 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(c)

I58 S. 52 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(b)

I59 S. 52 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(d)

Chapter V E+W Competence of witnesses and capacity to be sworn

Valid from 06/12/2006

Competence of witnesses E+W

53 Competence of witnesses to give evidence. E+W

(1) At every stage in criminal proceedings all persons are (whatever their age) competent to give evidence.

(2) Subsection (1) has effect subject to subsections (3) and (4).

(3) A person is not competent to give evidence in criminal proceedings if it appears to the court that he is not a person who is able to—

(a) understand questions put to him as a witness, and

(b) give answers to them which can be understood.

(4) A person charged in criminal proceedings is not competent to give evidence in the proceedings for the prosecution (whether he is the only person, or is one of two or more persons, charged in the proceedings).

(5) In subsection (4) the reference to a person charged in criminal proceedings does not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).

54 Determining competence of witnesses. E+W

(1) Any question whether a witness in criminal proceedings is competent to give evidence in the proceedings, whether raised—

(a) by a party to the proceedings, or

(b) by the court of its own motion,

shall be determined by the court in accordance with this section.

(2) It is for the party calling the witness to satisfy the court that, on a balance of probabilities, the witness is competent to give evidence in the proceedings.

(3) In determining the question mentioned in subsection (1) the court shall treat the witness as having the benefit of any directions under section 19 which the court has given, or proposes to give, in relation to the witness.

(4) Any proceedings held for the determination of the question shall take place in the absence of the jury (if there is one).

(5) Expert evidence may be received on the question.

(6) Any questioning of the witness (where the court considers that necessary) shall be conducted by the court in the presence of the parties.

Giving of sworn or unsworn evidence E+W

55 Determining whether witness to be sworn. E+W

(1) Any question whether a witness in criminal proceedings may be sworn for the purpose of giving evidence on oath, whether raised—

(a) by a party to the proceedings, or

(b) by the court of its own motion,

shall be determined by the court in accordance with this section.

(2) The witness may not be sworn for that purpose unless—

(a) he has attained the age of 14, and

(b) he has a sufficient appreciation of the solemnity of the occasion and of the particular responsibility to tell the truth which is involved in taking an oath.

(3) The witness shall, if he is able to give intelligible testimony, be presumed to have a sufficient appreciation of those matters if no evidence tending to show the contrary is adduced (by any party).

(4) If any such evidence is adduced, it is for the party seeking to have the witness sworn to satisfy the court that, on a balance of probabilities, the witness has attained the age of 14 and has a sufficient appreciation of the matters mentioned in subsection (2)(b).

(5) Any proceedings held for the determination of the question mentioned in subsection (1) shall take place in the absence of the jury (if there is one).

(6) Expert evidence may be received on the question.

(7) Any questioning of the witness (where the court considers that necessary) shall be conducted by the court in the presence of the parties.

(8) For the purposes of this section a person is able to give intelligible testimony if he is able to—

(a) understand questions put to him as a witness, and

(b) give answers to them which can be understood.

56 Reception of unsworn evidence. E+W

(1) Subsections (2) and (3) apply to a person (of any age) who—

(a) is competent to give evidence in criminal proceedings, but

(b) (by virtue of section 55(2)) is not permitted to be sworn for the purpose of giving evidence on oath in such proceedings.

(2) The evidence in criminal proceedings of a person to whom this subsection applies shall be given unsworn.

(3) A deposition of unsworn evidence given by a person to whom this subsection applies may be taken for the purposes of criminal proceedings as if that evidence had been given on oath.

(4) A court in criminal proceedings shall accordingly receive in evidence any evidence given unsworn in pursuance of subsection (2) or (3).

(5) Where a person (“the witness”) who is competent to give evidence in criminal proceedings gives evidence in such proceedings unsworn, no conviction, verdict or finding in those proceedings shall be taken to be unsafe for the purposes of any of sections 2(1), 13(1) and 16(1) of the Criminal Appeal Act 1968 (grounds for allowing appeals) by reason only that it appears to the Court of Appeal that the witness was a person falling within section 55(2) (and should accordingly have given his evidence on oath).

57 Penalty for giving false unsworn evidence. E+W

(1) This section applies where a person gives unsworn evidence in criminal proceedings in pursuance of section 56(2) or (3).

(2) If such a person wilfully gives false evidence in such circumstances that, had the evidence been given on oath, he would have been guilty of perjury, he shall be guilty of an offence and liable on summary conviction to—

(a) imprisonment for a term not exceeding 6 months, or

(b) a fine not exceeding £1,000,

or both.

(3) In relation to a person under the age of 14, subsection (2) shall have effect as if for the words following “on summary conviction” there were substituted “ to a fine not exceeding £250 ”.

Chapter VI U.K. Restrictions on use of evidence

Additional restrictions U.K.

58 Inferences from silence not permissible where no prior access to legal advice. U.K.

(1) Sections 34 and 36 to 38 of the M31 Criminal Justice and Public Order Act 1994 (inferences from accused’s silence) shall be amended as follows.

(2) In section 34 (effect of accused’s failure to mention facts when questioned or charged), after subsection (2) there shall be inserted—

“(2A) Where the accused was at an authorised place of detention at the time of the failure, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to being questioned, charged or informed as mentioned in subsection (1) above.”

(3) In section 36 (effect of accused’s failure or refusal to account for objects, substances or marks), after subsection (4) there shall be inserted—

“(4A) Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.”

(4) In section 37 (effect of accused’s failure or refusal to account for presence at a particular place), after subsection (3) there shall be inserted—

“(3A) Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.”

(5) In section 38 (interpretation), after subsection (2) there shall be inserted—

“(2A) In each of sections 34(2A), 36(4A) and 37(3A) “authorised place of detention” means—

(a) a police station; or

(b) any other place prescribed for the purposes of that provision by order made by the Secretary of State;

and the power to make an order under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I60 S. 58(5) in force for certain purposes at Royal Assent, see s. 68(4)(d)

I61 S. 58(1)-(4) in force at 1.4.2003 for E.W. by S.I. 2003/707, art. 2(a)

I62 S. 58(5) in force at 1.4.2003 for E.W. in so far as not already in force by S.I. 2003/707, art. 2(a)

Marginal Citations

M31 1994 c. 33.

59 Restriction on use of answers etc. obtained under compulsion. U.K.

Schedule 3, which amends enactments providing for the use of answers and statements given under compulsion so as to restrict in criminal proceedings their use in evidence against the persons giving them, shall have effect.

Commencement Information

I63 S. 59 wholly in force; s. 59 not in force at Royal Assent see s. 68(3); s. 59 in force in relation to England and Wales and Northern Ireland at 14.4.2000 by S.I. 2000/1034, arts. 2(a), 3; s. 59 in force in relation to Scotland at 1.1.2001 by S.S.I. 2000/445, art. 2

Removal of restriction E+W

60 Removal of restriction on use of evidence from computer records. E+W

Section 69 of the M32 Police and Criminal Evidence Act 1984 (evidence from computer records inadmissible unless conditions relating to proper use and operation of computer shown to be satisfied) shall cease to have effect.

Marginal Citations

M32 1984 c. 60.

Chapter VII U.K. General

61 Application of Part II to service courts. U.K.

(1) The Secretary of State may by order direct that any provision of—

(a) Chapters I to III and V, or

(b) sections 62, 63 and 65 so far as having effect for the purposes of any of those Chapters,

shall apply, subject to such modifications as he may specify, to any proceedings before a service court.

(2) Chapter IV (and sections 62, 63 and 65 so far as having effect for the purposes of that Chapter) shall have effect for the purposes of proceedings before a service court subject to any modifications which the Secretary of State may by order specify.

(3) The power to make an order under section 39 of the M33 Criminal Justice and Public Order Act 1994 (power to apply sections 34 to 38 to the armed forces) in relation to any provision of sections 34 to 38 of that Act shall be exercisable in relation to any provision of those sections as amended by section 58 above.

Commencement Information

I64 S. 61(2) in force for certain purposes and s. 61(1)(3) in force at Royal Assent, see s. 68(4)(d)(e)

Marginal Citations

M33 1994 c. 33.

62 Meaning of “sexual offence” and other references to offences. E+W

[F39 (1) In this Part “sexual offence” means any offence under Part 1 of the Sexual Offences Act 2003 [F40 or any relevant superseded offence].]

[F41 (1A) In subsection (1) “relevant superseded offence” means—

(a) rape or burglary with intent to rape;

(b) an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);

(c) an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);

(d) an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);

(e) an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).]

(2) In this Part any reference (including a reference having effect by virtue of this subsection) to an offence of any description (“the substantive offence”) is to be taken to include a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, the substantive offence.

Textual Amendments

F39 S. 62(1) substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 41(3); S.I. 2004/874, art. 2

F40 Words in s. 62(1) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 paras. 37(2), 38

F41 S. 62(1A) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 paras. 37(3), 38

63 General interpretation etc. of Part II. U.K.

(1) In this Part (except where the context otherwise requires)—

• “accused”, in relation to any criminal proceedings, means any person charged with an offence to which the proceedings relate (whether or not he has been convicted);

• “the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed;

• “court” (except in Chapter IV or V or subsection (2)) means a magistrates’ court, the Crown Court or the criminal division of the Court of Appeal;

• “legal representative” means any authorised advocate or authorised litigator (as defined by section 119(1) of the M34 Courts and Legal Services Act 1990);

• “picture” includes a likeness however produced;

• “the prosecutor” means any person acting as prosecutor, whether an individual or body;

• “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;

• “relevant programme” means a programme included in a programme service, within the meaning of the M35 Broadcasting Act 1990;

• “service court” means—

  (a)

  a court-martial constituted under the M36 Army Act 1955, the M37 Air Force Act 1955 or the M38 Naval Discipline Act 1957 F42 . . .

  (b)

  the Courts-Martial Appeal Court, or

  (c)

  a Standing Civilian Court;

• “video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track;

• “witness”, in relation to any criminal proceedings, means any person called, or proposed to be called, to give evidence in the proceedings.

(2) Nothing in this Part shall affect any power of a court to exclude evidence at its discretion (whether by preventing questions being put or otherwise) which is exercisable apart from this Part.

Textual Amendments

F42 S. 63(1): words in para. (a) of definition of "service court" repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to art. 3)

Marginal Citations

M34 1990 c. 41.

M35 1990 c. 42.

M36 1955 c. 18.

M37 1955 c. 19.

M38 1957 c. 53.

Part III U.K. Final provisions

64 Regulations and orders. U.K.

(1) Any power of the Secretary of State to make any F43 . . . order under this Act shall be exercised by statutory instrument.

(2) A statutory instrument containing any F43 . . . order under section F44 . . . 61(1) or (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No F43 . . . order shall be made under—

(a) section F45 . . ., 18(5), 42(2) or 44(5), F46 . . .

F46 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

unless a draft of the F43 . . .order has been laid before, and approved by a resolution of, each House of Parliament.

(4) Any F43 . . . order made by the Secretary of State under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

Subordinate Legislation Made

P1 S. 64(4) power partly exercised (13.11.2000): 4.12.2000 appointed for specified provisions by S.I. 2000/3075, art. 2

S. 64(4) power partly exercised (29.7.2000): 4.9.2000 appointed for specified provisions by S.I. 2000/2091, art. 2

Textual Amendments

F43 Words in s. 64 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F44 Words in s. 64(2) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F45 Word in s. 64(3) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F46 S. 64(3)(b) and the word preceding it repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

65 General supplementary provisions. E+W

(1) [F47 Criminal Procedure Rules] may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Act (and nothing in this Act shall be taken to affect the generality of any enactment conferring power to make such rules).

F48 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this Act the age of a person shall be taken to be that which it appears to the court to be after considering any available evidence.

Textual Amendments

F47 Words in s. 65(1) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(h); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

F48 S. 65(2) repealed (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 387, Sch. 10; S.I. 2004/2066, art. 2(c)(d)(vii)(xix) (with art. 3)

66 Corresponding provisions for Northern Ireland. N.I.

(1) An Order in Council under section 85 of the M39 Northern Ireland Act 1998 (provision dealing with certain reserved matters) which contains a statement that it is made only for purposes corresponding to the purposes of any of the relevant provisions of this Act—

(a) shall not be subject to the procedures set out in subsections (3) to (8) of that section; but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) In subsection (1) “the relevant provisions of this Act” means—

(a) Chapters I to III of Part II;

(b) section 47;

(c) sections 49 to 51 so far as having effect for the purposes of section 47;

(d) Chapters V to VII of Part II (other than section 59); and

(e) this Part.

(3) Until the day appointed under section 3 of the Northern Ireland Act 1998 for the commencement of Parts II and III of that Act, this section shall have effect with the substitution for subsection (1) of the following—

“(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M40 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of any of the relevant provisions of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Marginal Citations

M39 1998 c. 47.

M40 1974 c. 28.

67 Minor, consequential and pre-consolidation amendments, repeals and transitional provisions. E+W

(1) The minor and consequential amendments specified in Schedule 4 shall have effect.

F49 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The enactments specified in Schedule 6 (which include certain spent enactments) are repealed or revoked to the extent specified.

(4) The transitional provisions and savings in Schedule 7 shall have effect.

Textual Amendments

F49 S. 67(2) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Commencement Information

I65 S. 67 partly in force; s. 67 not in force at Royal Assent, see s. 68(3); s. 67(2) in force at 1.1.2000 by S.I. 1999/3427, art. 2; s. 67(3) in force for certain purposes at 1.4.2000 by S.I. 1999/3427, art. 3(a); s. 67(1)(3) in force for certain purposes at 14.4.2000 by S.I. 2000/1034, arts. 2(b), 3(1); s. 67(1) in force for certain purposes at 26.6.2000 by S.I. 2000/1587, art. 2(b); s. 67(4) in force for certain purposes at 4.12.2000 by S.I. 2000/3075, art. 2(b); s. 67(1)(3)(4) in force for certain purposes at 24.7.2002 by S.I. 2002/1739, art. {2(f)-(h)}

I66 S. 67(3) in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(e)

I67 S. 67(3) in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(d)

I68 S. 67(3) in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(e)

I69 S. 67(4) in force at 1.4.2003 for specified purposes by S.I. 2003/707, art. 2(b)

I70 S. 67(4) in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(f)

I71 S. 67(4) in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(f)

68 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Youth Justice and Criminal Evidence Act 1999.

(2) For the purposes of the M41 Scotland Act 1998, any provision of this Act which extends to Scotland shall be taken to be a pre-commencement enactment within the meaning of that Act.

(3) Subject to subsection (4), this Act shall not come into force until such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

(4) The following provisions come into force on the day on which this Act is passed—

(a) section 6(4);

(b) the provisions of Chapters I to IV of Part II for the purpose only of the exercise of any power to make rules of court;

(c) section 40(1);

(d) sections 58(5) and 61(2) for the purpose only of the exercise of any power to make an order;

(e) section 61(1) and (3), sections 62 to 66 and this section.

(5) Subject to subsections (6) to (9) this Act extends to England and Wales only.

(6) Subject to subsection (9), the following provisions extend also to Scotland and Northern Ireland—

(a) the provisions of Chapter IV of Part II and section 63 so far as having effect for the purposes of those provisions;

(b) the provisions of paragraph 6 of Schedule 7 and paragraph 1 of that Schedule so far as having effect for the purposes of those provisions; and

(c) sections 59, 61 and 64 and this section.

F50 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Section 66 extends to Northern Ireland only.

(9) The extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked, except that—

(a) the amendments made by Schedule 2 in section 49 of the M42 Children and Young Persons Act 1933 and in the M43 Sexual Offences (Amendment) Act 1992 extend to England and Wales, Scotland and Northern Ireland;

(b) the repeal by Schedule 6 of section 62 of the M44 Criminal Procedure and Investigations Act 1996 does not extend to Northern Ireland.

(10) The following provisions, namely—

(a) Chapter IV of Part II, so far as it relates to proceedings before a service court (within the meaning of Part II), and

(b) section 61,

apply to such proceedings wherever they may take place (whether in the United Kingdom or elsewhere).

Subordinate Legislation Made

P2 S. 68(3) power partly exercised: different dates appointed for specified provisions by S.I. 1999/3427, arts. 2, 3(a)(b)

S. 68(3) power partly exercised: 14.4.2000 appointed for specified provisions by S.I. 2000/1034, art. 2

S. 68(3) power partly exercised: 26.6.2000 appointed for specified provisions by S.I. 2000/1587, art. 2

S. 68(3) power partly exercised: 4.9.2000 appointed for specified provisions by S.I. 2000/2091, art. 2 (with art. 3)

S. 68(3) power partly exercised: 4.12.2000 appointed for specified provisions by S.I. 2000/3075, art. 2

S. 68(3) power partly exercised: 1.1.2001 appointed for specified provisions by S.S.I. 2000/445, art. 2

S. 68(3) power partly exercised: 24.7.2002 appointed for specified provisions by {S.I. 2002/1739}, art. 2

Textual Amendments

F50 S. 68(7) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Marginal Citations

M41 1998 c. 46.

M42 1933 c. 12.

M43 1992 c. 34.

M44 1996 c. 25.

SCHEDULES

F51 SCHEDULE 1 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 Sch. 1 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Section 48.

SCHEDULE 2 U.K. Reporting restrictions: miscellaneous amendments

Valid from 13/04/2015

Children and Young Persons Act 1933 (c.12) U.K.

1 U.K. The Children and Young Persons Act 1933 has effect subject to the following amendments.

Prospective

F54 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 Sch. 2 para. 2 omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 79(11), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 64 (with Sch. 2 para. 5)

3 (1) Section 49 (restrictions on reports of proceedings in which children or young persons concerned) is amended as follows. U.K.

(2) For subsection (1) substitute—

“(1) No matter relating to any child or young person concerned in proceedings to which this section applies shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as someone concerned in the proceedings.”

(3) For subsection (3) substitute—

“(3) In this section “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings.

(3A) The matters relating to a person in relation to which the restrictions imposed by subsection (1) above apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a) his name,

(b) his address,

(c) the identity of any school or other educational establishment attended by him,

(d) the identity of any place of work, and

(e) any still or moving picture of him.”

(4) In subsection (4), for the words from “whether as being” onwards substitute “if he is—

(a) a person against or in respect of whom the proceedings are taken, or

(b) a person called, or proposed to be called, to give evidence in the proceedings.”

(5) In subsection (4A), for “requirements of this section” substitute “ restrictions imposed by subsection (1) above ”.

(6) In subsection (8), after “subsection” insert “ (4A) or ”.

(7) For subsection (9) substitute—

“(9) If a publication includes any matter in contravention of subsection (1) above, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a) where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) where the publication is a relevant programme—

(i) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c) in the case of any other publication, any person publishing it.

(9A) Where a person is charged with an offence under subsection (9) above it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question.

(9B) If an offence under subsection (9) above committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of, or

(b) to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(9C) In subsection (9B) above “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(9D) If the affairs of a body corporate are managed by its members, “director” in subsection (9C) above means a member of that body.

(9E) Where an offence under subsection (9) above is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.”

(8) In subsection (11), for the definition of “programme” and “programme service” substitute—

““picture” includes a likeness however produced;

“relevant programme” means a programme included in a programme service, within the meaning of the M50 Broadcasting Act 1990;”.

(9) After subsection (11) insert—

“(12) This section extends to England and Wales, Scotland and Northern Ireland, but no reference in this section to any court includes a court in Scotland.

(13) In its application to Northern Ireland, this section has effect as if—

(a) in subsection (1) for the reference to the age of 18 there were substituted a reference to the age of 17;

(b) subsection (2)(c) and (d) were omitted;

(c) in subsection (4A)—

(i) in paragraph (d) for the reference to [F55 section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000] there were substituted a reference to Article 50(3) of the M51 Criminal Justice (Children) (Northern Ireland) Order 1998; and

(ii) in paragraph (e) for the references to a detention and training order and to [F56 section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000] there were substituted references to a juvenile justice centre order and to Article 40(2) of the M52 Criminal Justice (Children) (Northern Ireland) Order 1998;

(d) in subsection (5) for references to a court (other than the reference in paragraph (b)) there were substituted references to a court or the Secretary of State;

(e) in subsection (7)—

(i) for the references to the Director of Public Prosecutions there were substituted references to the Director of Public Prosecutions for Northern Ireland; and

(ii) in paragraph (b) for the reference to any legal representative of the child or young person there were substituted a reference to any barrister or solicitor acting for the child or young person;

(f) subsections (8) and (10) were omitted; and

(g) in subsection (11)—

(i) the definition of “legal representative” were omitted; and

(ii) for the references to [F57 the Powers of Criminal Courts (Sentencing) Act 2000] there were substituted references to Article 2(2) of the M53 Criminal Justice (Northern Ireland) Order 1996.

(14) References in this section to a young person concerned in proceedings are, where the proceedings are in a court in Northern Ireland, to a person who has attained the age of 14 but is under the age of 17.”

(10) The amendments made by this paragraph do not apply to the inclusion of matter in a publication if—

(a) where the publication is a relevant programme, it is transmitted, or

(b) in the case of any other publication, it is published,

before the coming into force of this paragraph.

Textual Amendments

F55 Words in Sch. 2 para. 3(9) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 205(a) (with Sch. 11 paras. 1, 2)

F56 Words in Sch. 2 para. 3(9) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 205(b) (with Sch. 11 paras. 1, 2)

F57 Words in Sch. 2 para. 3(9) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 205(c) (with Sch. 11 paras. 1, 2)

Marginal Citations

M50 1990 c. 42.

M51 S.I. 1998/1504 (N.I. 9).

M52 1998 c. 37.

M53 S.I. 1996/3160 (N.I. 24).

Sexual Offences (Amendment) Act 1976 (c.82) U.K.

4 (1) The Sexual Offences (Amendment) Act 1976 has effect subject to the following amendments. U.K.

(2) Omit sections 4 and 5 (which provide for the anonymity of complainants in rape etc. cases and are superseded by the amendments made by this Schedule to the M54 Sexual Offences (Amendment) Act 1992).

(3) In section 7(6) (extent), for the words after “Scotland” substitute “ or Northern Ireland. ”

Commencement Information

I72 Sch. 2 para. 4 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I73 Sch. 2 para. 4 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

Marginal Citations

M54 1992 c. 34.

Sexual Offences (Northern Ireland) Order 1978 (N.I.15) U.K.

5 U.K. In the M55 Sexual Offences (Northern Ireland) Order 1978, omit Articles 6 and 7 (which provide for the anonymity of complainants in rape offence cases and are superseded by the amendments made by this Schedule to the Sexual Offences (Amendment) Act 1992).

Commencement Information

I74 Sch. 2 para. 5 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

Marginal Citations

M55 S.I. 1978/460.

Sexual Offences (Amendment) Act 1992 (c.34) U.K.

6 U.K. The Sexual Offences (Amendment) Act 1992 has effect subject to the following amendments.

Commencement Information

I75 Sch. 2 para. 6 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)

I76 Sch. 2 para. 6 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I77 Sch. 2 para. 6 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

7 (1) Section 1 (anonymity of victims of certain sexual offences) is amended as follows. U.K.

(2) In subsection (1), for the words from “neither the name” to the end of paragraph (b) substitute “ no matter relating to that person shall during that person’s lifetime be included in any publication ”.

(3) In subsection (2), for the words after “complainant’s lifetime” substitute “ be included in any publication. ”

(4) For subsection (3) substitute—

“(3) This section—

(a) does not apply in relation to a person by virtue of subsection (1) at any time after a person has been accused of the offence, and

(b) in its application in relation to a person by virtue of subsection (2), has effect subject to any direction given under section 3.

(3A) The matters relating to a person in relation to which the restrictions imposed by subsection (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a) the person’s name,

(b) the person’s address,

(c) the identity of any school or other educational establishment attended by the person,

(d) the identity of any place of work, and

(e) any still or moving picture of the person.”

(5) In subsection (4), for “publication or inclusion in a relevant programme” substitute “ inclusion in a publication ”.

Commencement Information

I78 Sch. 2 para. 7 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I79 Sch. 2 para. 7 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)

I80 Sch. 2 para. 7 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

8 (1) Section 2 (offences to which Act applies) is amended as follows. U.K.

(2) In subsection (1), after “This Act applies to the following offences” insert “against the law of England and Wales—

(aa) rape;

(ab) burglary with intent to rape;”.

(3) In subsection (1)(e), for “(a)” substitute “ (aa) ”.

(4) In subsection (1), after paragraph (g) insert—

“(h) aiding, abetting, counselling or procuring the commission of any of the offences mentioned in paragraphs (aa) to (e) and (g);”.

(5) In subsection (2), after paragraph (m) insert—

“(n) section 17 (abduction of woman by force).”

(6) After subsection (2) insert—

“(3) This Act applies to the following offences against the law of Northern Ireland—

(a) rape;

(b) burglary with intent to rape;

(c) any offence under any of the following provisions of the M56 Offences against the Person Act 1861—

(i) section 52 (indecent assault on a female);

(ii) section 53 so far as it relates to abduction of a woman against her will;

(iii) section 61 (buggery);

(iv) section 62 (attempt to commit buggery, assault with intent to commit buggery or indecent assault on a male);

(d) any offence under any of the following provisions of the M57 Criminal Law Amendment Act 1885—

(i) section 3 (procuring unlawful carnal knowledge of woman by threats, false pretences or administering drugs);

(ii) section 4 (unlawful carnal knowledge, or attempted unlawful carnal knowledge, of a girl under 14);

(iii) section 5 (unlawful carnal knowledge of a girl under 17);

(e) any offence under any of the following provisions of the M58 Punishment of Incest Act 1908—

(i) section 1 (incest, attempted incest by males);

(ii) section 2 (incest by females over 16);

(f) any offence under section 22 of the M59 Children and Young Persons Act (Northern Ireland) 1968 (indecent conduct towards child);

(g) any offence under Article 9 of the M60 Criminal Justice (Northern Ireland) Order 1980 (inciting girl under 16 to have incestuous sexual intercourse);

(h) any offence under any of the following provisions of the M61 Mental Health (Northern Ireland) Order 1986—

(i) Article 122(1)(a) (unlawful sexual intercourse with a woman suffering from severe mental handicap);

(ii) Article 122(1)(b) (procuring a woman suffering from severe mental handicap to have unlawful sexual intercourse);

(iii) Article 123 (unlawful sexual intercourse by hospital staff, etc. with a person receiving treatment for mental disorder);

(i) any attempt to commit any of the offences mentioned in paragraphs (a) to (h);

(j) any conspiracy to commit any of those offences;

(k) any incitement of another to commit any of those offences;

(l) aiding, abetting, counselling or procuring the commission of any of the offences mentioned in paragraphs (a) to (i) and (k).”

Commencement Information

I81 Sch. 2 para. 8 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)

I82 Sch. 2 para. 8 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I83 Sch. 2 para. 8 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

Marginal Citations

M56 1861 c. 100.

M57 1885 c. 69.

M58 1908 c. 45.

M59 1968 c. 34(N.I.)

M60 S.I. 1980/704 (N.I. 6).

M61 S.I. 1986/595 (N.I. 4).

9 (1) Section 3 (power to displace reporting restrictions under section 1) is amended as follows. U.K.

(2) In subsection (6)(b) (meaning of “judge”), after “Crown Court” insert “ in England and Wales. ”

(3) After subsection (6) insert—

“(6A) In its application to Northern Ireland, this section has effect as if—

(a) in subsections (1) and (2) for any reference to the judge there were substituted a reference to the court; and

(b) subsection (6) were omitted.”

Commencement Information

I84 Sch. 2 para. 9 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)

I85 Sch. 2 para. 9 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I86 Sch. 2 para. 9 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

10 U.K. In section 4 (special rules for cases of incest or buggery), after subsection (7) insert—

“(8) In its application to Northern Ireland, this section has effect as if—

(a) subsection (1) were omitted;

(b) for references to a section 10 offence there were substituted references to an offence under section 1 of the M62 Punishment of Incest Act 1908 (incest by a man) or an attempt to commit that offence;

(c) for references to a section 11 offence there were substituted references to an offence under section 2 of that Act (incest by a woman) or an attempt to commit that offence; and

(d) for references to a section 12 offence there were substituted references to an offence under section 61 of the M63 Offences against the Person Act 1861 (buggery) or an attempt to commit that offence.”

Commencement Information

I87 Sch. 2 para. 10 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)

I88 Sch. 2 para. 10 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I89 Sch. 2 para. 10 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

Marginal Citations

M62 1908 c. 45.

M63 1861 c. 100.

11 (1) Section 5 (offences) is amended as follows. U.K.

(2) For subsection (1) substitute—

“(1) If any matter is included in a publication in contravention of section 1, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a) where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) where the publication is a relevant programme—

(i) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c) in the case of any other publication, any person publishing it.”

(3) In subsection (2) (defence where victim consented to publication)—

(a) for “publication of any matter or the inclusion of any matter in a relevant programme” substitute “ inclusion of any matter in a publication ”, and

(b) omit “or programme”.

(4) In subsection (3) (cases where written consent not a defence), at the end insert “ , or that person was under the age of 16 at the time when it was given. ”

(5) In subsection (4) (Attorney General’s consent to prosecution), at the end insert “ if the offence is alleged to have been committed in England and Wales or of the Attorney General for Northern Ireland if the offence is alleged to have been committed in Northern Ireland. ”

(6) In subsection (5) (defence for person unaware of inclusion of prohibited matter), for the words from “or programme” onwards substitute “ included the matter in question. ”

(7) After subsection (5) insert—

“(5A) Where—

(a) a person is charged with an offence under this section, and

(b) the offence relates to the inclusion of any matter in a publication in contravention of section 1(1),

it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made.”

(8) After subsection (7) insert—

“(8) Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.”

Commencement Information

I90 Sch. 2 para. 11 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I91 Sch. 2 para. 11 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)

I92 Sch. 2 para. 11 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

12 (1) Section 6 (interpretation) is amended as follows. U.K.

(2) In subsection (1), omit the definition of “written publication” (and the word “and” preceding it) and after the definition of “picture” insert—

““publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;”.

(3) In subsection (2A) (victims of conspiracy etc.), for the words from “accusation that” to “committed, the” substitute “accusation—

(a) that an offence of conspiracy or incitement of another to commit an offence mentioned in section 2(1)(aa) to (d) or (3)(a) to (h) has been committed, or

(b) that an offence of aiding, abetting, counselling or procuring the commission of an offence of incitement of another to commit an offence mentioned in section 2(1)(aa) to (d) or (3)(a) to (h) has been committed,

the ”.

(4) In subsection (3) (time when person is accused of an offence), in paragraph (a) after “is laid” insert “ , or (in Northern Ireland) a complaint is made, ”.

Commencement Information

I93 Sch. 2 para. 12 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I94 Sch. 2 para. 12 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)

I95 Sch. 2 para. 12 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

13 (1) Section 7 (application of Act to courts-martial) is amended as follows. U.K.

(2) In subsection (1) (Act to apply with modifications where in pursuance of armed forces law a person is charged with an offence to which the Act applies), after “applies” insert “ by virtue of section 2(1) ”.

(3) In subsection (2) (modifications with which Act applies to courts-martial)—

(a) omit paragraph (b);

(b) for paragraph (c) substitute—

“(c) in section 3(1) any reference to a judge, in relation to the person charged with the offence, shall be read as a reference to the judge advocate appointed to conduct proceedings under section 3(1) relating to the offence (whether or not also appointed to conduct other preliminary proceedings relating to the offence);”;

(c) in paragraph (d), for “court” substitute “ judge advocate appointed to be a member of the court-martial ”; and

(d) omit paragraph (e) except for the word “and” at the end.

Commencement Information

I96 Sch. 2 para. 13 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)

I97 Sch. 2 para. 13 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I98 Sch. 2 para. 13 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

14 U.K. For section 8(6) and (7) (application of Act to Scotland and to Northern Ireland) substitute—

“(6) This Act extends to England and Wales, Scotland and Northern Ireland.

(7) This Act, so far as it relates to proceedings before a court-martial or the Courts-Martial Appeal Court, applies to such proceedings wherever they may take place (whether in the United Kingdom or elsewhere).”

Commencement Information

I99 Sch. 2 para. 14 in force at 7.10.2004 for S. by S.S.I. 2004/408, art. 3(d)

I100 Sch. 2 para. 14 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I101 Sch. 2 para. 14 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

Criminal Justice (Northern Ireland) Order 1994 (N.I.15) U.K.

15 U.K. In the M64 Criminal Justice (Northern Ireland) Order 1994, omit Articles 19 to 24 (which provide for the anonymity of victims of certain sexual offences and are superseded by the amendments made by this Schedule to the M65 Sexual Offences (Amendment) Act 1992).

Commencement Information

I102 Sch. 2 para. 15 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

Marginal Citations

M64 S.I. 1994/2795.

M65 1992 c. 34.

Section 59.

SCHEDULE 3 U.K. Restriction on use of answers etc. obtained under compulsion

Insurance Companies Act 1982 (c.50) U.K.

1 U.K. The Insurance Companies Act 1982 is amended as follows.

Commencement Information

I103 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

2 U.K. In section 43A (general investigations into insurance companies), after subsection (5) (use of statements made under the section) add—

“(6) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(7) Subsection (6) above applies to any offence other than—

(a) an offence under section 71(1)(b) or (3) below;

(b) an offence under section 5 of the M66 Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of the M67 Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

(d) an offence under Article 10 of the M68 Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).”

Commencement Information

I104 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M66 1911 c. 6.

M67 1995 c. 39.

M68 S.I. 1979/1714 (N.I. 19).

3 U.K. In section 44 (obtaining information and documents from companies), after subsection (5) (use of statements made under the section) insert—

“(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(5B) Subsection (5A) above applies to any offence other than—

(a) an offence under section 71(1)(b), (3) or (4) below;

(b) an offence under section 5 of the M69 Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of the M70 Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

(d) an offence under Article 10 of the M71 Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).”

Commencement Information

I105 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M69 1911 c. 6.

M70 1995 c. 39.

M71 S.I. 1979/1714 (N.I. 19).

Companies Act 1985 (c.6) E+W+S

4 E+W+S The Companies Act 1985 is amended as follows.

Commencement Information

I106 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

5 E+W+S In section 434 (production of documents and evidence to inspectors conducting investigations into companies), after subsection (5) (use of answers given to inspectors) insert—

“(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the answer may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(5B) Subsection (5A) applies to any offence other than—

(a) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); or

(b) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath).”

Commencement Information

I107 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

F58 6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Sch. 3 para. 6 repealed (6.4.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), s. 65(1), Sch. 8; S.I. 2004/3322, art. 2(2), Sch. 2

Insolvency Act 1986 (c.45) E+W+S

7 (1) Section 433 of the Insolvency Act 1986 (admissibility in evidence of statements of affairs etc.) is amended as follows. E+W+S

(2) That section is renumbered as subsection (1) of that section.

(3) After that subsection insert—

“(2) However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(3) Subsection (2) applies to any offence other than—

(a) an offence under section 22(6), 47(6), 48(8), 66(6), 67(8), 95(8), 98(6), 99(3)(a), 131(7), 192(2), 208(1)(a) or (d) or (2), 210, 235(5), 353(1), 354(1)(b) or (3) or 356(1) or (2)(a) or (b) or paragraph 4(3)(a) of Schedule 7;

(b) an offence which is—

(i) created by rules made under this Act, and

(ii) designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;

(c) an offence which is—

(i) created by regulations made under any such rules, and

(ii) designated for the purposes of this subsection by such regulations;

(d) an offence under section 1, 2 or 5 of the M72 Perjury Act 1911 (false statements made on oath or made otherwise than on oath); or

(e) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath).

(4) Regulations under subsection (3)(b)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.”

Commencement Information

I108 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M72 1911 c. 6.

Company Directors Disqualification Act 1986 (c.46) E+W+S

8 (1) Section 20 of the Company Directors Disqualification Act 1986 (admissibility in evidence of statements) is amended as follows. E+W+S

(2) That section is renumbered as subsection (1) of that section.

(3) After that subsection insert—

“(2) However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(3) Subsection (2) applies to any offence other than—

(a) an offence which is—

(i) created by rules made for the purposes of this Act under the Insolvency Act, and

(ii) designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;

(b) an offence which is—

(i) created by regulations made under any such rules, and

(ii) designated for the purposes of this subsection by such regulations;

(c) an offence under section 5 of the M73 Perjury Act 1911 (false statements made otherwise than on oath); or

(d) an offence under section 44(2) of the M74 Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).

(4) Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.”

Commencement Information

I109 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M73 1911 c. 6.

M74 1995 c. 39.

Building Societies Act 1986 (c.53) U.K.

9 U.K. In section 57 of the Building Societies Act 1986 (use of answers given to inspectors conducting investigations into building societies), after subsection (5) (use of answers given to inspectors) insert—

“(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the answer may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(5B) Subsection (5A) above applies to any offence other than—

(a) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);

(b) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or

(c) an offence under Article 7 or 10 of the M75 Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).”

Commencement Information

I110 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M75 S.I. 1979/1714 (N.I. 19).

Financial Services Act 1986 (c.60) U.K.

10 U.K. The Financial Services Act 1986 is amended as follows.

Commencement Information

I111 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

11 U.K. In section 105 (powers of Secretary of State to investigate affairs of person carrying on investment business), after subsection (5) (use of statements made under the section) insert—

“(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(5B) Subsection (5A) above applies to any offence other than—

(a) an offence under subsection (10) or section 200(1) below;

(b) an offence under section 5 of the M76 Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of the M77 Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

(d) an offence under Article 10 of the M78 Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).”

Commencement Information

I112 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M76 1911 c. 6.

M77 1995 c. 39.

M78 S.I. 1979/1714 (N.I. 19).

12 U.K. In section 177 (investigations into insider dealing), after subsection (6) (use of statements made under the section) insert—

“(6A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(6B) Subsection (6A) above applies to any offence other than—

(a) an offence under section 200(1) below;

(b) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);

(c) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or

(d) an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).”

Commencement Information

I113 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Companies (Northern Ireland) Order 1986 (N.I.6) N.I.

13 N.I. The M79 Companies (Northern Ireland) Order 1986 is amended as follows.

Marginal Citations

M79 S.I. 1986/1032.

14 N.I. In Article 427 (production of documents and evidence to inspectors conducting investigations into companies), after paragraph (5) (use of answers given to inspectors) insert—

“(5A) However, in criminal proceedings in which that person is charged with an offence to which this paragraph applies—

(a) no evidence relating to the answer may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(5B) Paragraph (5A) applies to any offence other than an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).”

15 N.I. In Article 440 (production of company documents to Department), after paragraph (8) (use of statements made under the Article) insert—

“(8A) However, in criminal proceedings in which that person is charged with an offence to which this paragraph applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(8B) Paragraph (8A) applies to any offence other than—

(a) an offence under paragraph (6) or Article 444; or

(b) an offence under Article 10 of the M80 Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).”

Marginal Citations

M80 S.I. 1979/1714 (N.I. 19).

Banking Act 1987 (c.22) U.K.

16 U.K. The Banking Act 1987 is amended as follows.

Commencement Information

I114 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

17 U.K. In section 39 (power of Financial Services Authority to obtain information etc. from authorised institutions), after subsection (12) (use of statements made under the section) insert—

“(12A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(12B) Subsection (12A) above applies to any offence other than—

(a) an offence under subsection (11) above or section 94(1)(a) below;

(b) an offence under section 5 of the M81 Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of M82 the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).”

Commencement Information

I115 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M81 1911 c. 6.

M82 1995 c. 39.

18 U.K. In section 41 (investigations into authorised institutions by Financial Services Authority), after subsection (10) (use of statements made under the section) insert—

“(10A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(10B) Subsection (10A) above applies to any offence other than—

(a) an offence under subsection (9)(c) above or section 94(4) below;

(b) an offence under section 5 of the M83 Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of the M84 Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

(d) an offence under Article 10 of the M85 Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).”

Commencement Information

I116 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M83 1911 c. 6.

M84 1995 c. 39.

M85 S.I. 1979/1714 (N.I. 19).

19 U.K. In section 42 (investigations by Financial Services Authority into suspected contraventions of sections 3 and 35), after subsection (5) (use of statements made under the section) insert—

“(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(5B) Subsection (5A) above applies to any offence other than—

(a) an offence under subsection (4) above or section 94(1)(a) below;

(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).”

Commencement Information

I117 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Criminal Justice Act 1987 (c.38) U.K.

20 U.K. After subsection (8) of section 2 of the Criminal Justice Act 1987 (use of statements made in response to requirements imposed by the Director of the Serious Fraud Office) insert—

“(8AA) However, the statement may not be used against that person by virtue of paragraph (b) of subsection (8) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.”

Commencement Information

I118 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Companies Act 1989 (c.40) U.K.

21 U.K. In section 83 (powers exercisable for purposes of assisting an overseas regulatory authority), after subsection (6) (use of statements made under the section) insert—

“(6A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(6B) Subsection (6A) applies to any offence other than—

(a) an offence under section 85;

(b) an offence under section 2 or 5 of the M86 Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);

(c) an offence under section 44(1) or (2) of the M87 Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or

(d) an offence under Article 7 or 10 of the M88 Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).”

Commencement Information

I119 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M86 1911 c. 6.

M87 1995 c. 39.

M88 S.I. 1979/1714 (N.I. 19).

Companies (Northern Ireland) Order 1989 (N.I.18) N.I.

F59 22 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Sch. 3 para. 22 repealed (N.I.) (5.9.2003) by The Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150), art. 1(2), Sch. 4 (with Sch. 2); S.R. 2003/345, art. 3(2) (subject to S.R. 2003/346, arts. 3-6)

Insolvency (Northern Ireland) Order 1989 (N.I.19) N.I.

23 (1) Article 375 of the M89 Insolvency (Northern Ireland) Order 1989 (admissibility in evidence of statements of affairs etc.) is amended as follows. N.I.

(2) That Article is renumbered as paragraph (1) of that Article.

(3) After that paragraph insert—

“(2) However, in criminal proceedings in which any such person is charged with an offence to which this paragraph applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(3) Paragraph (2) applies to any offence other than—

(a) an offence under Article 34(6), 57(6), 58(8), 81(7), 84(5), 85(3)(a), 111(7), 162(2), 172(1)(a) or (d) or (2), 174, 199(5), 324(1), 325(1)(b) or (5) or 327(1) or (3)(a) or (b);

(b) an offence which is—

(i) created by rules made under this Order, and

(ii) designated for the purposes of this paragraph by such rules or by regulations;

(c) an offence which is—

(i) created by regulations made under any such rules, and

(ii) designated for the purposes of this paragraph by such regulations; or

(d) an offence under Article 3, 7 or 10 of the M90 Perjury (Northern Ireland) Order 1979 (false statements made on oath or made otherwise than on oath).

(4) Regulations under paragraph (3)(b)(ii) shall after being made be laid before the Assembly.”

Marginal Citations

M89 S.I. 1989/2405.

M90 S.I. 1979/1714 (N.I. 19).

Friendly Societies Act 1992 (c.40) U.K.

24 U.K. In section 67 of the Friendly Societies Act 1992 (supplementary provisions about inspections carried out at the behest of the Friendly Societies Commission), after subsection (5) (use of statements made under the section) insert—

“(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(5B) Subsection (5A) above applies to any offence other than—

(a) an offence under section 2 or 5 of the M91 Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);

(b) an offence under section 44(1) or (2) of the M92 Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or

(c) an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).”

Commencement Information

I120 Sch. 3 wholly in force at 14.12.2000; Sch. 3 not in force at Royal Assent see s. 68(3); Sch. 3 in force at 14.4.2000 in relation to England and Wales and Northern Ireland by S.I. 2000/1034, arts. 2(a), 3; Sch. 3 in force at 1.1.2001 in relation to Scotland by S.S.I. 2000/445, art. 2

Marginal Citations

M91 1911 c. 6.

M92 1995 c. 39.

Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) S

25 S After subsection (5) of section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995 (use of statements made in response to requirements imposed by a nominated officer) insert—

“(5A) However, the statement may not be used against that person by virtue of paragraph (b) of subsection (5) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.”

Proceeds of Crime (Northern Ireland) Order 1996 (N.I.9) N.I.

26 In paragraph 6 of Schedule 2 to the M93 Proceeds of Crime (Northern Ireland) Order 1996 (admissibility of evidence), for sub-paragraph (b) substitute—

“(b) on his prosecution for some other offence where evidence relating to any such answer or information is adduced, or a question relating to it is asked, by or on behalf of that person; or”.

Marginal Citations

M93 S.I. 1996/1299.

Section 67.

SCHEDULE 4 E+W Minor and consequential amendments

Criminal Evidence Act 1898 (c.36) E+W

1 (1) Section 1 of the Criminal Evidence Act 1898 (competence of accused as witness for the defence) is amended as follows. E+W

(2) Omit the words from the beginning to “Provided as follows:—”.

(3) In paragraph (a) of the proviso—

(a) for “so charged” substitute “ charged in criminal proceedings ”; and

(b) for “in pursuance of this Act” substitute “ in the proceedings ”.

(4) In paragraph (e) of the proviso—

(a) for “and being a witness in pursuance of this Act” substitute “ in criminal proceedings who is called as a witness in the proceedings ”; and

(b) for “the offence charged” substitute “ any offence with which he is charged in the proceedings ”.

F60 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In paragraph (g) of the proviso, for “called as a witness in pursuance of this Act” substitute “ charged in criminal proceedings who is called as a witness in the proceedings ”.

(7) Paragraphs (a), (e), (f) and (g) of the proviso shall be respectively numbered as subsections (1), (2), (3) and (4) of the section.

Textual Amendments

F60 Sch. 4 para. 1(5) repealed (15.12.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 5; S.I. 2004/3033, art. 3(1)(2)(e)(i)

Commencement Information

I121 Sch. 4 para. 1 wholly in force in so far as not already in force at 24.7.2002 see S.I. 2002/1739, {art. 2(f)}

Prospective

Children and Young Persons Act 1933 (c.12) E+W

2 (1) The Children and Young Persons Act 1933 has effect subject to the following amendments. E+W

(2) In section 37(1) (power to clear court, where child or young person giving evidence, of persons other than bona fide representatives of newspapers or news agencies), for “newspaper or news agency” substitute “ news gathering or reporting organisation ”.

(3) In section 47(2)(c) (bona fide representatives of newspapers or news agencies entitled to be present at sitting of youth court), for “newspapers or news agencies” substitute “ news gathering or reporting organisations ”.

Prospective

Children and Young Persons Act 1963 (c.37) E+W

3 E+W In section 57(3) of the M94 Children and Young Persons Act 1963 (which provides for sections 39 and 49 of the Children and Young Persons Act 1933 to extend to Scotland), for “sections 39 and 49”, in both places, substitute “ section 39 ”.

Marginal Citations

M94 1933 c. 12.

Prospective

Criminal Appeal Act 1968 (c.19) E+W

4 (1) The Criminal Appeal Act 1968 has effect subject to the following amendments. E+W

F61 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 31(1)(b) (power to give directions exercisable by single judge), for “section 4(4) of the M95 Sexual Offences (Amendment) Act 1976” substitute “ section 3(4) of the M96 Sexual Offences (Amendment) Act 1992 ”.

Textual Amendments

F61 Sch. 4 para. 4(2) repealed (1.4.2000) by 1999 c. 23, s. 67(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 1999/3427, art. 3(a)(b)

Marginal Citations

M95 1976 c. 82.

M96 1992 c. 34.

Children and Young Persons Act 1969 (c.54) E+W

F62 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 Sch. 4 para. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Rehabilitation of Offenders Act 1974 (c.53) E+W

6 (1) Section 5 of the Rehabilitation of Offenders Act 1974 is amended as follows. E+W

(2) In Table A in subsection (2), in the entry relating to fines or other sentences subject to rehabilitation under that Act, for “, (4A) to (8)” substitute “ to (8) ”.

(3) After subsection (4A) insert—

“(4B) Where in respect of a conviction a referral order (within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999) is made in respect of the person convicted, the rehabilitation period applicable to the sentence shall be—

(a) if a youth offender contract takes effect under section 8 of that Act between him and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with section 9 of that Act) the contract ceases to have effect;

(b) if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which such a contract would (ignoring any order under paragraph 11 or 12 of Schedule 1 to that Act) have had effect had one so taken effect.

(4C) Where in respect of a conviction an order is made in respect of the person convicted under paragraph 11 or 12 of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (extension of period for which youth offender contract has effect), the rehabilitation period applicable to the sentence shall be—

(a) if a youth offender contract takes effect under section 8 of that Act between the offender and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with section 9 of that Act) the contract ceases to have effect;

(b) if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which, in accordance with the order, such a contract would have had effect had one so taken effect.”

Magistrates’ Courts Act 1980 (c.43) E+W

7 E+W The Magistrates’ Courts Act 1980 has effect subject to the following amendments.

8 E+W F63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 Sch. 4 para. 8 repealed (19.2.2001) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(8)(with Sch. 14 para. 7(2), 36(9)); S.I. 2001/168, art. 2

9 E+W In section 126 (execution of warrants in Channel Islands and Isle of Man under section 13 of the Indictable Offences Act 1848), after paragraph (e) insert “and

(f) warrants of arrest issued under paragraph 3(2) of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (offender referred to court by youth offender panel).”

Criminal Justice Act 1982 (c.48) E+W

10 E+W In section 72(1) of the Criminal Justice Act 1982 (accused to give evidence on oath), after “if he gives evidence, he shall do so” insert “ (subject to sections 55 and 56 of the Youth Justice and Criminal Evidence Act 1999) ”.

Mental Health Act 1983 (c.20) E+W

11 E+W In section 37(8) of the Mental Health Act 1983 (combining hospital and guardianship orders with other orders), for the words from “shall not” to “which the court” substitute “shall not—

(a) pass sentence of imprisonment or impose a fine or make a probation order in respect of the offence,

(b) if the order under this section is a hospital order, make a referral order (within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999) in respect of the offence, or

(c) make in respect of the offender any such order as is mentioned in section 7(7)(b) of the M97 Children and Young Persons Act 1969 or section 58 of the M98 Criminal Justice Act 1991,

but the court may make any other order which it ”.

Marginal Citations

M97 1969 c. 54.

M98 1991 c. 53.

Police and Criminal Evidence Act 1984 (c.33) E+W

12 E+W The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.

13 (1) Section 80 (competence and compellability of accused’s spouse) is amended as follows. E+W

(2) Omit subsections (1) and (8).

(3) For subsections (2) to (4) substitute—

“(2) In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable to give evidence on behalf of that person.

(2A) In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable—

(a) to give evidence on behalf of any other person charged in the proceedings but only in respect of any specified offence with which that other person is charged; or

(b) to give evidence for the prosecution but only in respect of any specified offence with which any person is charged in the proceedings.

(3) In relation to the wife or husband of a person charged in any proceedings, an offence is a specified offence for the purposes of subsection (2A) above if—

(a) it involves an assault on, or injury or a threat of injury to, the wife or husband or a person who was at the material time under the age of 16;

(b) it is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or

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

(4) No person who is charged in any proceedings shall be compellable by virtue of subsection (2) or (2A) above to give evidence in the proceedings.

(4A) References in this section to a person charged in any proceedings do not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).”

(4) In subsection (5), omit “competent and” and, in the side-note, omit “Competence and”.

14 E+W After section 80 insert—

“80A Rule where accused’s spouse not compellable.

The failure of the wife or husband of a person charged in any proceedings to give evidence in the proceedings shall not be made the subject of any comment by the prosecution.”

Criminal Justice Act 1988 (c.33) E+W

15 E+W The Criminal Justice Act 1988 has effect subject to the following amendments.

F64 16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 Sch. 4 para. 16 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 6; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(3) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

17 E+W In section 34(3) (unsworn evidence may corroborate other evidence), for “section 52 of the Criminal Justice Act 1991” substitute “ section 56 of the Youth Justice and Criminal Evidence Act 1999 ”.

Prospective

Companies (Northern Ireland) Order 1989 (N.I.18) E+W

F65 F66 18 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 Sch. 4 para. 18 repealed (N.I.) (5.9.2003) by The Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150), art. 1(2), Sch. 4 (with Sch. 2); S.R. 2003/345, art. 3(2) (subject to S.R. 2003/346, arts. 3-6)

F66 Sch. 4 para. 18 repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 2 (with art. 10) and Sch. 4 para. 18 repealed (1.10.2009) by Companies Act 2006 (c. 46), s. 1300(2), Sch. 16; S.I. 2008/2860, art. 4, Sch. 1 Pt. 2 (with arts. 7, 8, Sch. 2) (which transitional provisions in Sch. 2 are amended (1.10.2009) by S.I. 2009/2476, arts. 1(3), 2(3)(4) and by S.I. 2009/1802, arts. 1, 18, Sch.)

Prospective

Insolvency (Northern Ireland) Order 1989 (N.I.19) E+W

19 E+W In Article 2(2) of the M99 Insolvency (Northern Ireland) Order 1989 (interpretation), in the definition of “regulations” for “Article 359(5)” substitute “ Articles 359(5) and 375(3)(b)(ii) ”.

Marginal Citations

M99 S.I. 1989/2405.

Criminal Justice Act 1991 (c.53) E+W

F67 20 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Sch. 4 para. 20 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Criminal Justice and Public Order Act 1994 (c.33) E+W

Prospective

21 U.K. The Criminal Justice and Public Order Act 1994 has effect subject to the following amendments.

22 (1) Section 51 (intimidation etc. of witnesses, jurors and others) is amended as follows. E+W

(2) For subsections (1) to (3) (offences of intimidating, and of doing or threatening harm to, witnesses etc.) substitute—

“(1) A person commits an offence if—

(a) he does an act which intimidates, and is intended to intimidate, another person (“the victim”),

(b) he does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence, and

(c) he does it intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with.

(2) A person commits an offence if—

(a) he does an act which harms, and is intended to harm, another person or, intending to cause another person to fear harm, he threatens to do an act which would harm that other person,

(b) he does or threatens to do the act knowing or believing that the person harmed or threatened to be harmed (“the victim”), or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence, and

(c) he does or threatens to do it because of that knowledge or belief.

(3) For the purposes of subsections (1) and (2) it is immaterial that the act is or would be done, or that the threat is made—

(a) otherwise than in the presence of the victim, or

(b) to a person other than the victim.”

(3) In subsection (8) (presumption in proceedings for offence under subsection (2))—

(a) for “he did or threatened to do an act falling within paragraph (a) within the relevant period” substitute “within the relevant period—

(a) he did an act which harmed, and was intended to harm, another person, or

(b) intending to cause another person fear of harm, he threatened to do an act which would harm that other person,

and that he did the act, or (as the case may be) threatened to do the act, ”; and

(b) after “to have done the act” insert “ or (as the case may be) threatened to do the act ”.

23 E+W In section 136 (cross-border execution of arrest warrants), after subsection (7) insert—

“(7A) This section applies as respects a warrant issued under paragraph 3(2) of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (warrant for arrest of offender referred back to court by youth offender panel) as it applies to a warrant issued in England or Wales for the arrest of a person charged with an offence.”

Prospective

24 E+W In Schedule 11 (repeals), the entry relating to section 57(4) of the M100 Children and Young Persons Act 1969 shall be treated as, and as always having been, an entry relating to section 57(4) of the M101 Children and Young Persons Act 1963.

Marginal Citations

M100 1969 c. 54.

M101 1963 c. 37.

Crime and Disorder Act 1998 (c.37) E+W

25 E+W The Crime and Disorder Act 1998 has effect subject to the following amendments.

F68 26 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Sch. 4 para. 26 repealed (15.12.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 12; S.I. 2004/3033, art. 3(1)(2)(e)(ii)(dd)

F69 27 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Sch. 4 para. 27 repealed (15.12.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 12; S.I. 2004/3033, art. 3(1)(2)(e)(ii)(dd)

28 E+W In section 38(4) (definition of “youth justice services”), after paragraph (j) there shall be inserted—

“(k) the implementation of referral orders within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999.”

F70 29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Sch. 4 para. 29 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F71 30 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 Sch. 4 para. 30 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F72 SCHEDULE 5 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Section 67.

SCHEDULE 6 U.K. Repeals

Extent Information

E1 The extent of repeals and revocations is coextensive with the enactments they affect except that the repeal of s. 62 of the Criminal Procedure and Investigations Act 1996 does not extent to Northern Ireland, see s. 68(9)

Commencement Information

I122 Sch. 6 partly in force; Sch. 6 not in force at Royal Assent, see s. 68(3); Sch. 6 in force for certain purposes at 1.4.2000 by S.I. 1999/3427, art. 3(b); Sch. 6 in force for certain further purposes for E.W. at 14.4.2000 by S.I. 2000/1034, arts. 2(c), 3(1); Sch. 6 in force for certain further purposes at 4.9.2000 by S.I. 2000/2091, art. 2(f) (with art. 3); Sch. 6 in force for certain further purposes at 4.12.2000 by S.I. 2000/3075, art. 2(c) (with art. 3); Sch. 6 in force for certain further purposes for E.W. at 24.7.2002 by S.I. 2002/1739, art. 2(g)

I123 Sch. 6 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(f)

I124 Sch. 6 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(e)

I125 Sch. 6 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(e)

Reference	Short title or title	Extent of repeal or revocation
61 & 62 Vict. c. 36.	Criminal Evidence Act 1898.	In section 1, the words from the beginning to “Provided as follows:—”.
23 & 24 Geo. 5 c. 12.	Children and Young Persons Act 1933.	Section 38.
12, 13 & 14 Geo. 6 c. 88.	Registered Designs Act 1949.	Section 17(11).
1955 c. 18.	Army Act 1955.	Section 93(1B) and (2).
1955 c. 19.	Air Force Act 1955.	Section 93(1B) and (2).
1957 c. 53.	Naval Discipline Act 1957.	Section 60(2) and (3).
1963 c. 37.	Children and Young Persons Act 1963.	Section 57(2) and (4).
1968 c. 19.	Criminal Appeal Act 1968.	In section 10(2)(b), the words “, a referral order within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999 (referral to youth offender panel)”.
1968 c. 20.	Courts-Martial (Appeals) Act 1968.	In section 36(1), the words “section 4(4) of the Sexual Offences (Amendment) Act 1976 as adapted by section 5(1)(d) of that Act or”.
1968 c. 60.	Theft Act 1968.	In section 30(2), the words from “and a person bringing” onwards.
1969 c. 54.	Children and Young Persons Act 1969.	Section 16(3B) and (3C).
1976 c. 52.	Armed Forces Act 1976.	In Schedule 3, in paragraph 3(2), the words from “or direct that” onwards.
1976 c. 82.	Sexual Offences (Amendment) Act 1976.	Sections 2 to 5. In section 7(4), the words from “except that” onwards. Section 7(5).
1977 c. 37.	Patents Act 1977.	Section 32(12).
S.I. 1978/460 (N.I. 5).	Sexual Offences (Northern Ireland) Order 1978.	In Article 1(2), the words from “and Articles 6 and 8” onwards. Articles 6 and 7.
1978 c. 23.	Judicature (Northern Ireland) Act 1978.	In Part II of Schedule 5, the amendment of the Sexual Offences (Northern Ireland) Order 1978.
1979 c. 2.	Customs and Excise Management Act 1979.	Section 75A(6)(b). In section 118A(6)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”.
1980 c. 43.	Magistrates’ Courts Act 1980.	In section 125(4)(c)(iii), the “and” at the end. In section 126(d), the “and” at the end. In Schedule 7, paragraph 148.
1981 c. 55.	Armed Forces Act 1981.	In Schedule 2, paragraph 9.
1984 c. 60.	Police and Criminal Evidence Act 1984.	Sections 69 and 70. Section 80(1). In section 80(5), the words “competent and”. Section 80(8). In section 82(1), in the definition of “proceedings”, in paragraph (a) the words after “court-martial” and, in paragraph (b)(i), the words “so constituted”. Schedule 3.
1985 c. 9.	Companies Act 1985.	In section 709(3), the words from “In England and Wales” onwards.
1988 c. 33.	Criminal Justice Act 1988.	In section 23(1), paragraph (c) and the “and” preceding it. In section 24(1), paragraph (c) and the “and” preceding it. In section 32(1), paragraph (b) and the “or” preceding it. Section 32(2), (3A) to (3E) and (6). Section 32A. Section 33A. Section 34A. Section 158(2) to (4). In Schedule 13, in paragraph 8, sub-paragraph (2)(b) and the “and” preceding it and, in sub-paragraph (3), “, (2)”. In Schedule 15, paragraph 53.
1990 c. 42.	Broadcasting Act 1990.	In Schedule 20, paragraphs 26 and 27.
1991 c. 53.	Criminal Justice Act 1991.	Section 52. Section 54. Section 55(2)(b), (4), (6) and (7). In Schedule 9, paragraphs 3 and 7. In Schedule 11, paragraph 1 and, in paragraph 37, the words from “and, in subsection (3)” onwards.
1992 c. 34.	Sexual Offences (Amendment) Act 1992.	In section 5(2), the words “or programme”. In section 6(1), the definition of “written publication” and the “and” preceding it. In section 7(2), paragraph (b) and paragraph (e) except for the “and” at the end. Section 7(3).
1994 c. 9.	Finance Act 1994.	In section 22(2)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”. In Schedule 7, in paragraph 1(6)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”.
1994 c. 23.	Value Added Tax Act 1994.	In Schedule 11, in paragraph 6(6)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”.
1994 c. 33.	Criminal Justice and Public Order Act 1994.	Section 50. In Schedule 9, paragraphs 11(1)(a), 13 and 33. In Schedule 10, paragraphs 32, 35(3) and 36.
S.I. 1994/2795 (N.I. 15).	Criminal Justice (Northern Ireland) Order 1994.	Article 2(3). Article 18(3). Articles 19 to 24.
1995 c. 35.	Criminal Appeal Act 1995.	In Schedule 2, paragraph 16(2)(b) and (3).
1995 c. 38.	Civil Evidence Act 1995.	In Schedule 1, paragraph 10.
1996 c. 8.	Finance Act 1996.	In Schedule 5, in paragraph 2(6)(a), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”.
1996 c. 25.	Criminal Procedure and Investigations Act 1996.	Section 62. In Schedule 1, paragraphs 23, 27 and 33.
1996 c. 46.	Armed Forces Act 1996.	In Schedule 1, paragraph 107(a).
1998 c. 37.	Crime and Disorder Act 1998.	In section 74(8), the words “this section or”. In Schedule 5, paragraphs 3(3), 4(6) and 5(6).
S.I. 1998/1504 (N.I. 9).	Criminal Justice (Children) (Northern Ireland) Order 1998.	Article 22.
1999 c. 23.	Youth Justice and Criminal Evidence Act 1999.	Section 4(7)(d) except for the “or” at the end. In section 15(1), in the definition of “custodial sentence”, the words from “a sentence of detention in” to “1994,”. In Schedule 1, paragraphs 5(7) and 14(5). In Schedule 4, paragraph 4(2).

Section 67.

SCHEDULE 7 U.K. Transitional provisions and savings

Interpretation E+W

1 (1) In this Schedule— E+W

• “the 1988 Act” means the M102 Criminal Justice Act 1988;

• “commencement date”, in relation to any provisions of this Act and proceedings of any description, means the date on which those provisions come into force in relation to such proceedings;

• “continuing proceedings” (except in paragraph 3) means proceedings instituted before the commencement date;

• “existing special measures power” means any power of the court to make an order or give leave, in the exercise of its inherent jurisdiction, for the taking of measures in relation to a witness which are similar to those which could be provided for by a special measures direction.

(2) For the purposes of this Schedule—

(a) proceedings other than proceedings on appeal are to be taken to be instituted at the time when they would be taken to be instituted for the purposes of Part I of the M103 Prosecution of Offences Act 1985 in accordance with section 15(2) of that Act; and

(b) proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 9 or 11 of the M104 Criminal Appeal Act 1995 is made.

(3) Expressions used in this Schedule which are also used in Part II of this Act have the same meaning in this Schedule as in that Part.

Commencement Information

I126 Sch. 7 para. 1 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(f)

Marginal Citations

M102 1988 c. 33.

M103 1985 c. 23.

M104 1995 c. 35.

Referral orders under Part I E+W

F73 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 Sch. 7 para. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Special measures under Chapter I of Part II E+W

3 (1) A special measures direction may be given in relation to a witness in continuing proceedings unless the court has before the specified date— E+W

(a) given leave in relation to the witness in connection with those proceedings under section 32 (evidence through television links) or section 32A (video recordings of testimony of child witnesses) of the 1988 Act, or

(b) exercised any existing special measures power in relation to the witness in connection with those proceedings.

(2) The repeals made by this Act shall not affect the continued operation in relation to a witness in continuing proceedings of section 32 or 32A of the 1988 Act where before the specified date leave was given in relation to the witness in connection with those proceedings by virtue of section 32(1)(b) or section 32A, as the case may be.

(3) Nothing in this Act affects the continued operation in relation to a witness in continuing proceedings of any order made or leave given under any existing special measures power exercised by the court before the specified date in relation to the witness in connection with those proceedings.

(4) In this paragraph—

(a) “continuing proceedings” means proceedings instituted before the specified date;

(b) “the specified date”, in relation to a witness in any proceedings, means such date as may be specified by the Secretary of State in a notice given to the court in question under section 18(2), where the date is expressed to apply—

(i) for the purposes of this paragraph, and

(ii) in relation to any description of witnesses and proceedings within which the witness and the proceedings fall.

Protection of witnesses from cross-examination by accused in person E+W

4 E+W Nothing in Chapter II of Part II applies in relation to proceedings instituted before the commencement date for that Chapter.

Protection of complainants in proceedings for sexual offences E+W

5 (1) Nothing in Chapter III of Part II applies in relation to continuing proceedings in which leave has been given before the commencement date for that Chapter— E+W

(a) under section 2 of the M105 Sexual Offences (Amendment) Act 1976, or

(b) (in the case of proceedings to which section 2 does not apply) in the exercise of any similar power of the court exercisable by virtue of its inherent jurisdiction.

(2) Nothing in this Act affects the continued operation of any leave so given in relation to any such proceedings.

Marginal Citations

M105 1976 c. 82.

Reporting restrictions U.K.

6 (1) Section 44 applies in relation to an alleged offence whether the criminal investigation into it is begun before or after the coming into force of that section. U.K.

(2) The restrictions imposed by subsection (2) of section 44 do not apply to the inclusion of matter in a publication if—

(a) where the publication is a relevant programme, it is transmitted, or

(b) in the case of any other publication, it is published,

before the coming into force of that section.

(3) Nothing in section 45 or 46 applies in relation to proceedings instituted before the commencement date for that section.

(4) In sub-paragraph (3) the reference to the institution of proceedings shall be construed—

(a) in the case of proceedings in England in Wales (other than proceedings before a service court), in accordance with paragraph 1(2);

(b) in the case of proceedings in Northern Ireland (other than proceedings before a service court), in accordance with sub-paragraph (5);

(c) in the case of proceedings before a service court (wherever held) in accordance with sub-paragraph (6).

(5) In the case of proceedings falling within sub-paragraph (4)(b)—

(a) proceedings other than proceedings on appeal are to be taken to be instituted—

(i) where a justice of the peace issues a summons under Article 20 of the M106 Magistrates’ Courts (Northern Ireland) Order 1981, when the complaint for the offence is made;

(ii) where a justice of the peace issues a warrant for the arrest of any person under that Article, when the complaint for the offence is made;

(iii) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge;

(iv) where an indictment is presented under the authority of section 2(2)(c), (d), (e) or (f) of the M107 Grand Jury (Abolition) Act (Northern Ireland) 1969, when the indictment is presented to the court;

and where the application of this paragraph would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times; and

(b) proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 10 or 12 of the M108 Criminal Appeal Act 1995 is made.

(6) In the case of proceedings falling within sub-paragraph (4)(c)—

(a) proceedings other than proceedings on appeal are to be taken to be instituted when the prosecuting authority prefers a charge in respect of the offence under section 83B(4) of the M109 Army Act 1955, section 83B(4) of the M110 Air Force Act 1955 or section 52I(4) of the M111 Naval Discipline Act 1957; and

(b) proceedings on appeal are to be taken to be instituted when the application for leave to appeal is lodged in accordance with section 9 of the M112 Courts-Martial (Appeals) Act 1968 or (as the case may be) the reference under section 34 of that Act is made.

Commencement Information

I127 Sch. 7 para. 6 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(f)

I128 Sch. 7 para. 6 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(g)

I129 Sch. 7 para. 6 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(f)

Marginal Citations

M106 S.I. 1981/1675 (N.I. 26).

M107 1969 c. 15 (N.I.).

M108 1995 c. 35.

M109 1955 c. 18.

M110 1955 c. 19.

M111 1957 c. 53.

M112 1968 c. 20.

Competence of witnesses and capacity to be sworn E+W

7 E+W Nothing in Chapter V of Part II applies in relation to proceedings instituted before the commencement date for that Chapter.

Inferences from silence E+W

8 E+W The amendments made by section 58—

(a) apply only to proceedings instituted on or after the commencement date for that section; but

(b) so apply whether the relevant failure or refusal on the part of the accused took place before or after that date.

Commencement Information

I130 Sch. 7 para. 8 in force at 1.4.2003 by S.I. 2003/707, art. 2(c)