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12. In Article 3(2)(b) (circumstances in which inferences may be drawn from accused’s failure to mention particular facts when questioned, charged, etc.)—
(a)after “under” insert “(i)”;
(b)at the end for “and” substitute—
“or
(ii)paragraph 4 of Schedule 1 to the Children’s Evidence (Northern Ireland) Order 1995 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under Article 4 of that Order); and”.
13. In Article 5(2)(aa) (inferences from failure or refusal to account for objects, marks, etc.)—
(a)after “under” insert “(i)”;
(b)at the end for “and” substitute—
“or
(ii)paragraph 4 of Schedule 1 to the Children’s Evidence (Northern Ireland) Order 1995 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under Article 4 of that Order); and”.
14. In Article 6(2)(aa) (inferences from failure or refusal to account for presence at a particular place)—
(a)after “under” insert “(i)”;
(b)at the end for “and” substitute—
“or
(ii)paragraph 4 of Schedule 1 to the Children’s Evidence (Northern Ireland) Order 1995 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under Article 4 of that Order); and”.
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