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The Criminal Evidence (Northern Ireland) Order 1999

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This is the original version (as it was originally made).

2.—(1) A special measures direction may be given in relation to a witness in continuing proceedings unless the court has before the specified date—

(a)given leave in relation to the witness in connection with those proceedings under Article 81 (evidence through television links) or Article 81A (video recordings of testimony of child witnesses) of the 1989 Order, or

(b)exercised any existing special measures power in relation to the witness in connection with those proceedings.

(2) The repeals made by this Order shall not affect the continued operation in relation to a witness in continuing proceedings of Article 81 or 81A of the 1989 Order where before the specified date leave was given in relation to the witness in connection with those proceedings by virtue of Article 81 or Article 81A, as the case may be.

(3) Nothing in this Order affects the continued operation in relation to a witness in continuing proceedings of any order made or leave given under any existing special measures power exercised by the court before the specified date in relation to the witness in connection with those proceedings.

(4) In this paragraph—

(a)“continuing proceedings” means proceedings instituted before the specified date;

(b)“the specified date”, in relation to a witness in any proceedings, means such date as may be specified by the Secretary of State in a notice given to the court in question under Article 6(2), where the date is expressed to apply—

(i)for the purposes of this paragraph, and

(ii)in relation to any description of witnesses and proceedings within which the witness and the proceedings fall.

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