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Youth Justice and Criminal Evidence Act 1999

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This is the original version (as it was originally enacted).

General prohibitions

34Complainants in proceedings for sexual offences

No person charged with a sexual offence may in any criminal proceedings cross-examine in person a witness who is the complainant, either—

(a)in connection with that offence, or

(b)in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.

35Child complainants and other child witnesses

(1)No person charged with an offence to which this section applies may in any criminal proceedings cross-examine in person a protected witness, either—

(a)in connection with that offence, or

(b)in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.

(2)For the purposes of subsection (1) a “protected witness” is a witness who—

(a)either is the complainant or is alleged to have been a witness to the commission of the offence to which this section applies, and

(b)either is a child or falls to be cross-examined after giving evidence in chief (whether wholly or in part)—

(i)by means of a video recording made (for the purposes of section 27) at a time when the witness was a child, or

(ii)in any other way at any such time.

(3)The offences to which this section applies are—

(a)any offence under—

(i)the [1956 c. 69.] Sexual Offences Act 1956,

(ii)the [1960 c. 33.] Indecency with Children Act 1960,

(iii)the [1967 c. 60.] Sexual Offences Act 1967,

(iv)section 54 of the [1977 c. 45.] Criminal Law Act 1977, or

(v)the [1978 c. 37.] Protection of Children Act 1978;

(b)kidnapping, false imprisonment or an offence under section 1 or 2 of the [1984 c. 37.] Child Abduction Act 1984;

(c)any offence under section 1 of the [1933 c. 12.] Children and Young Persons Act 1933;

(d)any offence (not within any of the preceding paragraphs) which involves an assault on, or injury or a threat of injury to, any person.

(4)In this section “child” means—

(a)where the offence falls within subsection (3)(a), a person under the age of 17; or

(b)where the offence falls within subsection (3)(b), (c) or (d), a person under the age of 14.

(5)For the purposes of this section “witness” includes a witness who is charged with an offence in the proceedings.

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