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The Criminal Justice (Northern Ireland) Order 2005

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The Criminal Justice (Northern Ireland) Order 2005, Section 6 is up to date with all changes known to be in force on or before 19 June 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Commencement Orders yet to be applied to the The Criminal Justice (Northern Ireland) Order 2005

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Commencement Orders

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Commencement Orders bringing legislation that affects this Order into force:

Special measures for witnesses in proceedings for anti-social behaviour ordersN.I.

This section has no associated Explanatory Memorandum

6.  After Article 6B of the Anti-social Behaviour (Northern Ireland) Order 2004 (NI 12) (inserted by Article 5) insert—

Special measures for witnessesN.I.

Special measures for witnesses

6C.(1) This Article applies—

(a)to proceedings on an application for, or relating to the issue whether to make, vary or discharge an anti-social behaviour order; and

(b)to proceedings on an appeal against the making of an anti-social behaviour order.

(2) Part II of the Criminal Evidence (Northern Ireland) Order 1999 (NI 8) (special measures directions in the case of vulnerable and intimidated witnesses) shall apply in relation to any such proceedings as it applies in relation to criminal proceedings, but with—

(a)the omission of the provisions of that Part mentioned in paragraph (3) (which make provision appropriate only in the context of criminal proceedings), and

(b)any other necessary modifications.

(3) The provisions are—

(a)Article 5(4),

(b)Article 9(1)(b) and (5) to (7),

(c)Article 10(1)(b) and (2)(b) and (c),

(d)Article 15(10), and

(e)Article 20.

(4) Any rules of court made under or for the purposes of Part II of that Order shall apply in relation to proceedings to which this Article applies—

(a)to such extent as may be provided by rules of court, and

(b)subject to such modifications as may be so provided.

(5) Section 47 of the Youth Justice and Criminal Evidence Act 1999 (c.23) (restrictions on reporting special measures directions etc.) applies, with any necessary modifications, in relation to—

(a)a direction under Article 7 of the Criminal Evidence (Northern Ireland) Order 1999, as applied by this Article, or

(b)an order discharging or varying such a direction,

and sections 49 and 51 of that Act (offences) apply accordingly. .

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