Protection from Stalking Act (Northern Ireland) 2022

Special measures directions

3.—(1) The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

(2) In Article 5(5) (offences where witnesses are eligible for assistance with giving evidence), after sub-paragraph (c) add—

“(d) an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022.”.

(3) After Article 22A insert—

“Complainants in proceedings involving stalking

22B.   No person charged with an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022 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.”.

(4) In Article 23 (protection of children from cross-examination by defendant in person)—

(a) in paragraph (3), after sub-paragraph (cd) insert—

“(ce) an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022;”;

(b) in paragraph (4)(a), for “or (cd)” substitute “, (cd) or (ce)”.

(5) In Article 24 (direction prohibiting defendant from cross-examining particular witnesses)—

(a) in paragraph (1), after “22A” insert “, 22B”;

(b) in paragraph (3)(e), after “22A”, in both places it occurs, insert “, 22B”.

(6) In Article 26(1) (defence representation for purposes of cross-examination), after “22A,” insert “22B,”.

(7) In Article 27(1) (warning to jury), after “22A,” insert “22B,”.