Youth Justice and Criminal Evidence Act 1999

1. Introduction

2. Background

   1. Part I

   2. Part II

3. Summary

   1. Part I - Referrals to Youth Offender Panels

   2. Part II: The giving of evidence or information for the purposes of criminal proceedings

   3. Part III

4. Commentary on Sections

   1. Part I: Referrals to youth offender panels

      1. Section 1: Referral of young offender to youth offender panel

      2. Section 2: Referral conditions

      3. Section 3: Making a referral order

      4. Section 4: Effect of referral order on availability of other sentences

      5. Section 5: Making of referral orders: attendance of parents

      6. Section 6: Youth offender panels

      7. Section 7: Attendance at panel meetings

      8. Section 8: First meeting: agreement of contract with offender

      9. Section 9: Duration of contract

      10. Section 10: First meeting: failure to agree contract

      11. Section 11: Progress meetings

      12. Section 12: Final meeting

      13. Section 13 and Schedule 1: Referral back to court

      14. Section 14: Functions of youth offending teams

   2. Part II: Giving of evidence or information for purposes of criminal proceedings

      1. Chapter I: Special Measures directions in case of vulnerable or intimidated witnesses

         1. Sections 16 and 17: Eligible witnesses

         2. Section 18: Special measures available to eligible witnesses

         3. Section 19: Special measures direction relating to an eligible witness

         4. Section 20: Further provisions about directions: general

         5. Section 21: Special provisions relating to young witnesses

         6. Section 22: Extension of provisions of section 21 to certain witnesses over 17

         7. Section 23: Screening witness from accused

         8. Section 24: Evidence by live link

         9. Section 25: Evidence given in private

         10. Section 26: Removal of wigs and gowns

         11. Section 27: Video recorded evidence in chief

         12. Section 28: Video recorded cross-examination or re-examination

         13. Section 29: Examination of witness through intermediary

         14. Section 30: Aids to communication

         15. Section 31: Status of evidence given under Chapter I

         16. Section 32: Warning to jury

      2. Chapter II: Protection of witness from cross-examination by accused in person

         1. Section 34: Complainants in proceedings for sexual offences

         2. Section 35: Complainants and other witnesses who are children

         3. Sections 36 and 37: Direction prohibiting accused from cross-examining particular witness

         4. Section 38: Defence representation for purposes of cross-examination

         5. Section 39: Warning to jury

         6. Section 40: Funding of defence representation

      3. Chapter III: Protection of complainants in proceedings for sexual offences

         1. Section 41: Restrictions on evidence or questions about complainant's sexual history

         2. Section 42: Interpretation and application of section 41

         3. Section 43: Procedure on applications under section 41

      4. Chapter IV: Reporting restrictions

         1. Section 44: Restrictions on reporting alleged offences involving persons under 18

         2. Section 45: Power to restrict reporting of criminal proceedings involving persons under 18

         3. Section 46: Power to restrict reports about certain adult witnesses in criminal proceedings

         4. Section 47: Restrictions on reporting directions under Chapter I or II

         5. Sections 49, 50, 51 and 52: Offences where reporting restrictions not complied with and defences to the offences

      5. Chapter V: Competence of witnesses and capacity to be sworn

         1. Section 53 (and certain amendments made by Schedule 4): General rule of competence

         2. Section 54: Determining whether a witness is competent

         3. Section 55: Determining whether witnesses are to be sworn

         4. Sections 56 and 57: Unsworn evidence

      6. Chapter VI: Restrictions on use of evidence

         1. Section 58: Inferences from silence not permissible where no prior access to legal advice

         2. Section 59 and Schedule 3: Restrictions on use of answers obtained under compulsion

         3. Section 60: Removal of restriction on use of evidence from computer records

      7. Chapter VII: General provisions

         1. Section 61: Application of Part II to service courts

         2. Sections 62 and 63: Interpretation of Part II

   3. Part III: Final provisions

5. Commencement

6. Hansard References