The Criminal Evidence (Northern Ireland) Order 1999 No. 2789 (NI. 8)

PART II N.I. SPECIAL MEASURES DIRECTIONS IN CASE OF VULNERABLE AND INTIMIDATED WITNESSES

Modifications etc. (not altering text)

C1 Pt. II applied (with modifications) (18.9.2006) by Anti-social Behaviour (Northern Ireland) Order 2004 (S.I. 2004/1988 (N.I. 12)), art. 6C(2)(3)(4) (as inserted by Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)), arts. 1(2)(a), 6); S.R. 2006/368, art. 2(a)

C2 Pt. II applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 34(1)(2)63(2); S.I. 2016/553, reg. 2

Special measures directions N.I.

Extension of provisions of Article 9 to certain witnesses over [F1 18] N.I.

10.—(1) For the purposes of this Article—

(a) a witness in criminal proceedings (other than the accused) is a “qualifying witness” if he—

(i) is not an eligible witness at the time of the hearing (as defined by Article 4(3)), but

(ii) was under the age of [F2 18] when a relevant recording was made;

(b) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a “relevant recording”, in relation to a witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.

[F4 (2) Paragraphs (2) to (4) and (4C) of Article 9, so far as relating to the giving of a direction complying with the requirement contained in Article 9(3)(a), apply to a qualifying witness in respect of the relevant recording as they apply to a child witness (within the meaning of that Article).]

F1 Art. 10: word in the title substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 7(4)(a), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)

F2 Word in art. 10(1)(a)(ii) substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 7(4)(b), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)

F3 Art. 10(1)(b) repealed (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 8(7)(a), 110(2), 111(3), Sch. 8 Pt. 1 (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)(g)(i)

F4 Art. 10(2) substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 8(7)(b), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)