The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 23) Order 2022

Section 28 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”) provides that where a video recorded interview of a witness has been admitted as their evidence in chief under section 27 of the Act, the court may also direct that any cross-examination and re-examination of the witness be video recorded and that recording admitted as evidence.

Article 2 of this Order makes provision for the coming into force of section 28 of the Act on 31st March 2022 for the purposes of proceedings before the Crown Court sitting at York, Kingston-upon-Hull Combined Court Centre, or Great Grimsby Combined Court Centre, where a witness is eligible for assistance by virtue of section 17(4) of the Act (complainants in respect of a sexual offence or modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences). Articles 3 and 4 make provision for the coming into force of section 28 on 4th April 2022 for the purposes of proceedings before the Crown Court sitting at Bradford Combined Court Centre, and on 11th April 2022 for the purposes of proceedings before the Crown Court sitting at Teesside Combined Court Centre, where the witness is eligible for assistance by virtue of section 17(4) of the Act.

S.I. 2019/947 brought section 28 into force in relation to proceedings before the Crown Court sitting at Kingston-upon-Thames, Leeds, or Liverpool, where the witness is eligible for special measures under section 17(4) of the Act.

S.I. 2021/1036 brought section 28 into force in relation to proceedings before the Crown Court sitting at Durham, Harrow, Isleworth, or Wood Green, where the witness is eligible for special measures under section 17(4) of the Act.

This Order expands the availability of section 28 directions to proceedings before the Crown Court in five further locations, where the witness is eligible for assistance by virtue of section 17(4) of the Act.

An impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.