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The Evidence Through Television Links (England and Wales) Order 2013

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Statutory Instruments

2013 No. 1598

Criminal Law, England And Wales

The Evidence Through Television Links (England and Wales) Order 2013

Made

1st July 2013

Laid before Parliament

1st July 2013

Coming into force

22nd July 2013

The Secretary of State, in exercise of the powers conferred by section 29(1) of the Crime (International Co-operation) Act 2003(1), makes the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Evidence Through Television Links (England and Wales) Order 2013 and comes into force on 22nd July 2013.

(2) This Order extends to England and Wales.

Hearing witnesses abroad through television links in extradition proceedings

2.  Section 32(1A) of the Criminal Justice Act 1988(2) (proceedings in which evidence may be given through television link) applies to proceedings under the Extradition Act 2003(3).

Mark Harper

Minister of State

Home Office

1st July 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order allows for evidence to be given through television link by witnesses who are outside the United Kingdom in extradition proceedings in England and Wales.

Section 32(1) of the Criminal Justice Act 1988 (“the 1988 Act”) states that, in proceedings to which subsection (1A) applies, a witness may, with the leave of the court, give evidence through a television link, if the witness is outside the United Kingdom. Subsection (1A) applies to various criminal proceedings, but these do not include extradition proceedings.

Section 29(1) of the Crime (International Co-operation) Act 2003 allows the Secretary of State by Order to provide for section 32(1A) of the 1988 Act to apply to any further description of criminal proceedings, or to all criminal proceedings. By this Order, the Secretary of State provides that section 32(1A) of the 1988 Act applies to extradition proceedings.

An impact assessment has not been produced for this Order as no impact on business, charities, voluntary bodies or the public sector is foreseen.

(1)

2003 c.32. Section 29(1) was amended by the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), article 12 and Schedule 14, paragraph 76(1) and (2)(a).

(2)

1988 c.33. Section 32(1A) was inserted by the Criminal Justice Act 1991 (c.53), section 55(3). It was amended by the Criminal Appeal Act 1995 (c.35), section 29(1) and Schedule 2, paragraph 16(2).

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