The Coroners and Justice Act 2009 (Commencement No. 7) Order 2011

Article 2 of this Order brings into force on 27 June certain provisions of the Coroners and Justice Act 2009 (c. 25) (“the 2009 Act”).

Sections 98 to 103 and 105 amend provisions in the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the 1999 Act”) in relation to special measures for vulnerable and intimidated witnesses.

Section 98 extends automatic eligibility for special measures to witnesses under the age of 18 (as opposed to 17).

Section 99 extends automatic eligibility for special measures to witnesses of certain gun and knife crimes listed in Schedule 1A to the 1999 Act (inserted by Schedule 14 to the 2009 Act and brought into force by Article 2(f) of this Order). By paragraph 24 of Schedule 22, references in Schedule 1A to the 1999 Act to Part 2 of the Serious Crime Act 2007 (c. 27) include the offence of incitement at common law.

Section 100 makes provision to allow child witnesses to opt-out of the primary rule in section 21 of the 1999 Act, which concerns the giving of evidence in chief by video recorded statement and further evidence by live link.

Section 101 makes special provision for complainants of sexual offences tried in the Crown Court.

Section 102 provides for the presence of a supporter when a witness is giving evidence by live link.

Section 103 relaxes the restrictions on a witness giving additional evidence in chief following admission of the witness’s video-recorded statement.

Section 105 amends the definition of “child” in section 35 of the 1999 Act. Section 35 of the 1999 Act concerns the protection from cross-examination by the accused of certain protected witnesses.

Section 111 repeals section 138(1) of the Criminal Justice Act 2003 (c. 44) which made provision about the effect of admission of video recorded evidence in chief.

Paragraph 23 of Schedule 22 makes transitional provision in respect of special measures directions made in proceedings commenced before the coming into force of this Order.