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Youth Justice and Criminal Evidence Act 1999

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

137.Section 36 gives courts the power to prohibit unrepresented defendants from cross-examining witnesses in cases where a mandatory ban does not apply under sections 34 and 35, but where the court is satisfied that the circumstances of the witness and the case merit a prohibition, and that it would not be contrary to the interests of justice.

138.Section 37 makes all directions under section 36 binding unless and until the court considers that the direction should be discharged in the interests of justice. Courts will have to record their reasons for making, refusing or discharging directions.

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