The Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order applies, with modifications, Chapters 1 to 3 and 5 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”) to Standing Civilian Courts. These Chapters contain a range of measures designed to help young, disabled, vulnerable or intimidated witnesses give evidence in criminal proceedings. The Order also contains modifications to certain provisions of Chapter 4 dealing with reporting restrictions.

Article 3 contains transitional provisions in respect of proceedings commenced prior to the date this Order comes into force.

Schedule 1 to the Order applies to Standing Civilian Courts, with modifications, the provisions of Chapter 1. This Chapter sets out which witnesses are eligible for assistance and the special measures available to assist them (including the use of screens, live television links and video-recorded evidence). The modifications provide that the magistrate shall have the power to make special measures directions.

Schedule 1 also applies, with modifications, the provisions of Chapter 2, which provide protection for vulnerable witnesses from cross-examination by an accused in person, and the provisions of Chapter 3, which provide further protection to complainants in proceedings for sexual offences by restricting evidence or questioning about the complainant’s sexual history.

Schedule 1 also applies, with modifications, the provisions of Chapter 5, which deal with competence of witnesses and capacity to be sworn.

Schedule 2 of the Order contains modifications to certain provisions of Chapter 4 made under section 61(2) of the Act. Chapter 4 already has effect for the purposes of proceedings before a service court (in so far as it has been bought into force) and contains provisions allowing a court to impose reporting restrictions in certain proceedings involving vulnerable persons. The modifications in Schedule 2 provide that, in the case of a Standing Civilian Court, it is the magistrate who has the power to give, or revoke, a reporting direction. As at the date of this Order, sections 44 and 45 in Chapter 4 have not yet been commenced but Schedule 2 contains modifications to section 45 which will take effect automatically in relation to proceedings before Standing Civilian Courts when section 45 is commenced under section 68(3) of the Act. This Order does not operate to commence sections 44 or 45.