(This note is not part of the Order)
This Order brings Article 16 of the Criminal Evidence (Northern Ireland) Order 1999 (N.I. 8) (“the 1999 Order”) into operation on 3rd April 2017. Article 16 relates to the cross-examination and re-examination of a witness ahead of trial. The provisions are commenced in so far as they relate to proceedings in the Crown Court and committal proceedings in the magistrates’ court where an offence is alleged to have occurred in the local government district of Belfast. These provisions would cover both vulnerable or intimidated witnesses under the 1999 Order.
The Order also brings Article 17 of the 1999 Order into operation on 1st April 2017, in so far as it relates to magistrates’ court proceedings. Article 17 relates to the examination of a witness through an intermediary. This provision has already been commenced in so far as it relates to all Crown Court proceedings and committal proceedings in the magistrates’ court, in relation to an offence which is triable on indictment; is triable either summarily or on indictment; or is triable summarily and the accused can claim trial by jury. This Order will ensure that the provisions apply to all offences, wherever committed, including those that are only triable summarily.