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

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

Modifications etc. (not altering text)

C1Pt. 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

C2Pt. 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))

C3Pt. 2 Ch. 1 applied (with modifications) (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 31(1)-(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(a)

C4Pt. 2 Ch. 1 applied (with modifications) (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 16(1)-(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(a)

C5Pt. 2 Ch. 1 applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 33(1)(2), 63(2); S.I. 2016/553, reg. 2

C6Pt. 2 Ch. 1 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 340(1)(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C7Pt. 2 Ch. 1 applied (with modifications) (27.11.2024 until the end of the specified period on 26.11.2025 in relation to specified areas) by Domestic Abuse Act 2021 (c. 17), s. 49(1)-(3), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4)

SupplementaryE+W

33 Interpretation etc. of Chapter I.E+W

(1)In this Chapter—

(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.

[F1(5)For the purposes of this Chapter as it applies in relation to a witness who is the complainant in respect of [F2a relevant offence], where the age of the witness is uncertain and there are reasons to believe that the witness is under the age of 18, that witness is presumed to be under the age of 18.

[F3(6)In subsection (5) “relevant offence” means—

(a)a sexual offence;

(b)an offence under section 1 of the Protection of Children Act 1978;

(c)an offence under section 160 of the Criminal Justice Act 1988;

(d)an offence under [F4section 1 or 2 of the Modern Slavery Act 2015].]]

Textual Amendments

F4Words in s. 33(6)(d) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), ss. 46(4), 61(1); S.I. 2015/1476, reg. 2(e) (with regs. 3, 6, 8)

Modifications etc. (not altering text)

Commencement Information

I1S. 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)}