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

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

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

Cross-examination on behalf of accused E+W

39 Warning to jury. E+W

(1) Where on a trial on indictment 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.

Commencement Information

I1 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)