The Criminal Evidence (Northern Ireland) Order 1999 No. 2789 (NI. 8)

PART II N.I. SPECIAL MEASURES DIRECTIONS IN CASE OF VULNERABLE AND INTIMIDATED WITNESSES

Modifications etc. (not altering text)

C1 Pt. II applied (with modifications) (18.9.2006) by Anti-social Behaviour (Northern Ireland) Order 2004 (S.I. 2004/1988 (N.I. 12)), art. 6C(2)(3)(4) (as inserted by Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)), arts. 1(2)(a), 6); S.R. 2006/368, art. 2(a)

C2 Pt. II applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 34(1)(2)63(2); S.I. 2016/553, reg. 2

Special measures N.I.

Screening witness from accused N.I.

11.—(1) A special measures direction may provide for the witness, while giving testimony or being sworn in court, to be prevented by means of a screen or other arrangement from seeing the accused.

(2) But the screen or other arrangement must not prevent the witness from being able to see, and to be seen by—

(a) the judge and the jury (if there is one);

(b) legal representatives acting in the proceedings; and

(c) any interpreter or other person appointed (in pursuance of the direction or otherwise) to assist the witness.

(3) Where two or more legal representatives are acting for a party to the proceedings, paragraph (2)(b) is to be regarded as satisfied in relation to those representatives if the witness is able at all material times to see and be seen by at least one of them.