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The Criminal Justice (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Corroboration

Abolition of corroboration rules

45.—(1) 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 person merely because that person is—

(a)an alleged accomplice of the accused, or

(b)where the offence charged is a sexual offence, the person in respect of whom it is alleged to have been committed,

is hereby abrogated.

(2) In Article 13(2) of the [1988 NI 17] Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (abolition of requirement of corroboration warning in respect of evidence of a child) the words from “in relation to” to the end shall be omitted.

(3) Any requirement that—

(a)is applicable at the summary trial of a person for an offence, and

(b)corresponds to the requirement mentioned in paragraph (1) or that mentioned in Article 13(2) of the [1988 NI 17.] Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988,

is hereby abrogated.

(4) Nothing in this Article applies in relation to—

(a)any trial, or

(b)any preliminary investigation or preliminary inquiry into an indictable offence conducted by a magistrates' court,

which began before the coming into operation of this Article.

Abolition of corroboration requirements under Criminal Law Amendment Act 1885

46.—(1) In the [1885 c. 69.] Criminal Law Amendment Act 1885 in—

(a)section 2 (procurement); and

(b)section 3 (procurement of women by threats, false pretences or administering drugs),

the words from “Provided that” onwards (which provide that a person shall not be convicted of the offence concerned on the evidence of one witness only unless the witness is corroborated) are hereby repealed.

(2) Nothing in this Article applies in relation to—

(a)any trial, or

(b)any preliminary investigation or preliminary inquiry into an indictable offence conducted by a magistrates' court,

which began before the coming into operation of this Article.

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