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Youth Justice and Criminal Evidence Act 1999

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Youth Justice and Criminal Evidence Act 1999. For other versions of these Explanatory Notes, see More Resources.

  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

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


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