Search Legislation

The Criminal Evidence (Northern Ireland) Order 1999

Status:

This is the original version (as it was originally made).

Child complainants and other child witnesses

23.—(1) No person charged with an offence to which this Article applies may in any criminal proceedings cross-examine in person a protected witness, either—

(a)in connection with that offence, or

(b)in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.

(2) For the purposes of paragraph (1) a “protected witness” is a witness who—

(a)either is the complainant or is alleged to have been a witness to the commission of the offence to which this Article applies, and

(b)either is a child or falls to be cross-examined after giving evidence in chief (whether wholly or in part)—

(i)by means of a video recording made (for the purposes of Article 15) at a time when the witness was a child, or

(ii)in any other way at any such time.

(3) The offences to which this Article applies are—

(a)a sexual offence within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998;

(b)a violent offence within the meaning of that Order;

(c)kidnapping, false imprisonment, or an offence under section 1 or 2 of the [1984 c. 37.] Child Abduction Act 1984; ;

(d)any offence (not within any of the preceding sub-paragraphs) which involves an assault on, or injury or a threat of injury to, any person.

(4) In this Article “child” means—

(a)where the offence falls within paragraph (3)(a), a person under the age of 17; or

(b)where the offence falls within paragraph (3)(b), (c) or (d), a person under the age of 14.

(5) For the purposes of this Article “witness” includes a witness who is charged with an offence in the proceedings.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources