Part II Giving of evidence or information for purposes of criminal proceedings

C1 Chapter II Protection of witnesses from cross-examination by accused in person

Annotations:
Modifications etc. (not altering text)
C1

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

I1C4C2C335 Child complainants and other child witnesses.

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—

F5i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5iii

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F5iv

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F1iva

any of sections 33 to 36 of the Sexual Offences Act 1956,

v

the M1Protection of Children Act 1978;F2 or

vi

Part 1 of the Sexual Offences Act 2003 F3or any relevant superseded enactment;

b

kidnapping, false imprisonment or an offence under section 1 or 2 of the M2Child Abduction Act 1984;

c

any offence under section 1 of the M3Children 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.

F43A

In subsection (3)(a)(vi) “relevant superseded enactment” means—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.