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Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988

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  • Sch. 2 para. 1(2) repealed by 2006 c. 48 Sch. 15 Pt. 4 (Amendment could not be carried out - text of Sch. 2 not available on SLD.)

Commencement Orders yet to be applied to the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988

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This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

PART IN.I.INTRODUCTORY

Title and commencementN.I.

1.  (1)  This Order may be cited as the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988.

(2) The following provisions, namely—

(a)Articles 12 to 15;

(b)Article 16, in so far as it relates to the provisions mentioned in sub‐paragraph ( c ); and

(c)paragraph 1 of Schedule 2 and Part I of Schedule 3,

shall come into operation on the expiration of 2 months from the day on which this Order is made.

(3) The other provisions of this Order shall come into operation on such day as the Secretary of State may by order appointF1.

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F1partly exercised by SR 1989/329; SR 1990/296

InterpretationN.I.

2.  (1)  The Interpretation Act (Northern Ireland) 1954F2 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order “statutory provision” has the meaning given in section 1( f ) of the Interpretation Act (Northern Ireland) 1954.

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N.I.

Part II (Arts. 3—8) rep. by 2004 NI 10

PART IIIN.I.OTHER PROVISIONS ABOUT EVIDENCE IN CRIMINAL PROCEEDINGS

Art. 9 rep. by 1990 c. 5

Expert reportsN.I.

10.  (1)  An expert report shall be admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those proceedings.

(2) If it is proposed that the person making the report shall not give oral evidence, the report shall only be admissible with the leave of the court.

(3) For the purpose of determining whether to give leave the court shall have regard—

(a)to the contents of the report;

(b)to the reasons why it is proposed that the person making the report shall not give oral evidence;

(c)to any risk, having regard in particular to whether it is likely to be possible to controvert statements in the report if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and

(d)to any other circumstances that appear to the court to be relevant.

(4) An expert report, when admitted, shall be evidence of any fact or opinion of which the person making it could have given oral evidence.

(5) In this Article “expert report” means a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.

Form of evidence and glossariesN.I.

11.  For the purpose of helping members of juries to understand complicated issues of fact or technical terms Crown Court rules may make provision—

(a)as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and

(b)as to the furnishing of glossaries for such purposes as may be specified;

in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.

Art. 12 rep. by 1998 NI 9

Abolition of requirement of corroboration for unsworn evidence of childrenN.I.

13.  Para. (1) rep. by 1995 NI 3

(2) Any requirement whereby at a trial on indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a child is abrogatedF3. . .

(3) Unsworn evidence admitted by virtue of[F4 Article 34 of the Criminal Evidence (Northern Ireland) Order 1999] may corroborate evidence (sworn or unsworn) given by any other person.

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F31996 NI 24

F41999 NI 8

PART IVN.I.MISCELLANEOUS AND SUPPLEMENTARY

CorruptionN.I.

14.  (1)  The following paragraph shall be substituted for paragraph ( a ) of section 2 of the Public Bodies Corrupt Practices Act 1889F5 (penalty for corruption in offce)—

(a)be liable—

(i)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; and

(ii)on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both; and .

(2) In subsection (1) of section 1 of the Prevention of Corruption Act 1906F6 (punishment of corrupt transactions with agents) for the words from “shall be liable” to the end of the subsection there shall be substituted the words shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; and

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both. .

(3) Nothing in this Article shall affect the punishment for an offence committed before this Article comes into operation.

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[F7Possession of indecent photograph of child]N.I.

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15.  (1)  [F8Subject to Article 15A] it is an offence for a person to have any indecent photograph[F9 or pseudo‐photograph] of a childF9. . . in his possession.

(2) Where a person is charged with an offence under paragraph (1), it shall be a defence for him to prove—

(a)that he had a legitimate reason for having the photograph[F10 or pseudo‐photograph] in his possession; or

(b)that he had not himself seen the photograph[F10 or pseudo‐photograph] and did not know, nor had any cause to suspect, it to be indecent; or

(c)that the photograph[F10 or pseudo‐photograph] was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.

[F11(2A) A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both.]

(3) A person shall be liable on summary conviction of an offence under paragraph (1) to[F12 imprisonment for a term not exceeding 6 months or] a fine not exceeding level 5 on the standard scale[F12, or both].

(4) Proceedings for an offence under paragraph (1) shall not be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5) Articles 2(2) [F13, (2A)] and (3), 7(1) and 8 of the Protection of Children (Northern Ireland) Order 1978F14 shall have effect as if any reference in them to that Order included a reference to this Article.

(6) Possession before this Article comes into operation is not an offence.

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F141978 NI 17

[F15Marriage and other relationshipsN.I.

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15A.  (1)  This Article applies where, in proceedings for an offence under Article 15(1) relating to an indecent photograph [F16or pseudo-photograph] of a child, the defendant proves that the photograph [F16or pseudo-photograph] was of the child aged 16 or over, and that at the time of the offence charged the child and he—

(a)were married or civil partners of each other, or

(b)lived together as partners in an enduring family relationship.

(2) This Article also applies where, in proceedings for an offence under Article 15(1) relating to an indecent photograph [F16or pseudo-photograph] of a child, the defendant proves that the photograph [F16or pseudo-photograph] was of the child aged 16 or over, and that at the time when he obtained it the child and he—

(a)were married or civil partners of each other, or

(b)lived together as partners in an enduring family relationship.

(3) This Article applies whether the photograph [F16or pseudo-photograph] showed the child alone or with the defendant, but not if it showed any other person.

(4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph [F16or pseudo-photograph] being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.]

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Article 16—Amendments and repeals

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