The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (“the 2009 Order”) so as to give effect to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57-73), articles 18, 21, 23 and 24.

The 2009 Order applies with modifications provisions of Chapters 1 to 3 and 5 of Part 2 (and sections 62, 63 and 65 so far as having effect for the purposes of those Chapters) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”) to proceedings before the Court Martial, the Service Civilian Court and the Court Martial Appeal Court. These Chapters contain a range of measures to help young, disabled, vulnerable or intimidated witnesses give evidence in criminal proceedings. The 2009 Order also modifies the effect of Chapter 4 of Part 2 (and sections 63 and 65 so far as having effect for the purposes of that Chapter) of the Act for the purposes of proceedings before the Court Martial, the Service Civilian Court and the Court Martial Appeal Court. Chapter 4 contains provisions allowing courts to impose reporting restrictions in certain proceedings.

This Order amends the 2009 Order, extending its application of the Act with modifications to proceedings before the Summary Appeal Court.