Statutory Instruments
Criminal Procedure, England And Wales
Made
30th March 2022
The Secretary of State makes the following Order in exercise of the powers conferred by sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999(1).
1.—(1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 23) Order 2022.
(2) In this Order, “the Act” means the Youth Justice and Criminal Evidence Act 1999.
(3) This Order extends to England and Wales.
2.—(1) Section 28 of the Act(2) (video recorded cross-examination or re-examination) comes into force on 31st March 2022 in relation to relevant proceedings.
(2) Proceedings are relevant for the purposes of paragraph (1) if paragraph (3) applies.
(3) This paragraph applies if—
(a)the proceedings take place before the Crown Court sitting at—
(i)Great Grimsby Combined Court;
(ii)Kingston-upon-Hull Combined Court Centre; or
(iii)York; and
(b)the witness is eligible for assistance by virtue of section 17(4) of the Act(3) (complainants in respect of a sexual offence or a modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences).
3.—(1) Section 28 of the Act comes into force on 4th April 2022 in relation to relevant proceedings.
(2) Proceedings are relevant for the purposes of paragraph (1) if paragraph (3) applies.
(3) This paragraph applies if—
(a)the proceedings take place before the Crown Court sitting at Bradford Combined Court Centre; and
(b)the witness is eligible for assistance by virtue of section 17(4) of the Act.
4.—(1) Section 28 of the Act comes into force on 11th April 2022 in relation to relevant proceedings.
(2) Proceedings are relevant for the purposes of paragraph (1) if paragraph (3) applies.
(3) This paragraph applies if—
(a)the proceedings take place before the Crown Court sitting at Teesside Combined Court Centre; and
(b)the witness is eligible for assistance by virtue of section 17(4) of the Act.
James Cartlidge
Parliamentary Under Secretary of State
Ministry of Justice
30th March 2022
(This note is not part of the Order)
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.
(This note is not part of the Order)
The following provisions of the Youth Justice and Criminal Evidence Act 1999 have been brought into force in England and Wales by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 15 (remainder) | 26.06.2000 | 2000/1587 |
| Sections 16 to 27 | 24.07.2002 | 2002/1739 |
| Section 28 (partially) | 30.12.2013 | 2013/3236 |
| 02.01.2017 | 2016/1201 | |
| 03.06.2019 | 2019/947 | |
| 24.02.2020 | 2020/155 | |
| 24.08.2020 | 2020/888 | |
| 26.10.2020 | 2020/1159 | |
| 23.11.2020 | 2020/1331 | |
| 04.03.2021 | 2021/244 | |
| 30.09.2021 | 2021/1036 | |
| Section 29 | 23.02.2004 | 2004/299 |
| Schedule 1 | 26.06.2000 | 2000/1587 |
| Sections 30 to 33 | 24.07.2002 | 2002/1739 |
| Sections 34 and 35 | 04.09.2000 | 2000/2091 |
| Sections 36 and 37 | 24.07.2002 | 2002/1739 |
| Sections 38 and 39 | 04.09.2000 | 2000/2091 |
| Section 40 (remainder) | 04.09.2000 | 2000/2091 |
| Sections 41 to 43 | 04.12.2000 | 2000/3075 |
| Section 45 (partially) | 13.04.2015 | 2015/818 |
| Section 46 | 07.10.2004 | 2004/2428 |
| Section 47 | 24.07.2002 | 2002/1739 |
| Section 48 (partially) | 07.10.2004 | 2004/2428 |
| 13.04.2015 | 2015/818 | |
| Section 49 (partially) | 07.10.2004 | 2004/2428 |
| 13.04.2015 | 2015/818 | |
| Sections 50 to 52 (partially) | 07.10.2004 | 2004/2428 |
| 13.04.2015 | 2015/818 | |
| Sections 53 to 57 | 24.07.2002 | 2002/1739 |
| Section 58 (remainder) | 01.04.2003 | 2003/707 |
| Sections 59 and 60 | 14.04.2000 | 2000/1034 |
| Section 61(2) (remainder) | 06.12.2006 | 2006/2885 |
| Schedule 4 (partially) | 14.04.2000 | 2000/1034 |
| 26.06.2000 | 2000/1587 | |
| 24.07.2002 | 2002/1739 | |
| Section 67(1) (partially) | 14.04.2000 | 2000/1034 |
| 26.06.2000 | 2000/1587 | |
| 24.07.2002 | 2002/1739 | |
| Schedule 5 | 01.01.2000 | 1999/3427 |
| Section 67(2) | 01.01.2000 | 1999/3427 |
| Section 67(3) (partially) | 01.04.2000 | 1999/3427 |
| 14.04.2000 | 2000/1034 | |
| 24.07.2002 | 2002/1739 | |
| 07.10.2004 | 2004/2428 | |
| 06.12.2006 | 2006/2885 | |
| Section 67(4) | 04.12.2000 | 2000/3075 |
| 24.07.2002 | 2002/1739 | |
| 01.04.2003 | 2003/707 | |
| 07.10.2004 | 2004/2428 | |
| Schedule 2 (partially) | 07.10.2004 | 2004/2428 |
| 13.04.2015 | 2015/818 | |
| Schedule 6 (partially) | 01.04.2000 | 1999/3427 |
| 14.04.2000 | 2000/1034 | |
| 04.12.2000 | 2000/3075 | |
| 04.09.2000 | 2000/2091 | |
| 24.07.2002 | 2002/1739 | |
| 07.10.2004 | 2004/2428 | |
| 06.12.2006 | 2006/2885 | |
| Schedule 7 (partially) | 26.06.2000 | 2000/1587 |
| 04.09.2000 | 2000/2091 | |
| 04.12.2000 | 2000/3075 | |
| 24.07.2002 | 2002/1739 | |
| 01.04.2003 | 2003/707 | |
| 07.10.2004 | 2004/2428 | |
| 13.04.2015 | 2015/818 |
1999 c. 23; section 64(4) was amended by paragraph 1 of Part 1 of Schedule 12 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Amended by paragraph 384(c) of Schedule 8 to the Courts Act 2003 (c. 39).
Amended by section 46(2) of the Modern Slavery Act 2015 (c.30).