Part III

Criminal justice system

Functions of courts etc.

Notices in certain cases involving children
51C
1
A notice may be given by the Director of Public Prosecutions under this section in respect of an offence falling within subsection (3) below if he is of the opinion—
a
that the evidence of the offence would be sufficient for the person charged to be put on trial for the offence;
b
that a child would be called as a witness at the trial; and
c
that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court.
2
That opinion must be certified by the Director of Public Prosecutions in the notice.
3
This subsection applies to an offence—
a
which involves an assault on, or injury or a threat of injury to, a person;
b
under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);
c
under the Sexual Offences Act 1956, the Protection of Children Act 1978 or the Sexual Offences Act 2003;
d
of kidnapping or false imprisonment, or an offence under section 1 or 2 of the Child Abduction Act 1984;
da
under section 1 or 2 of the Modern Slavery Act 2015;
db
under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (virginity testing and hymenoplasty etc);
e
which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within
any of paragraphs (a) to (db)
above.
4
Subsections (4), (5) and (6) of section 51B above apply for the purposes of this section as they apply for the purposes of that.
5
The functions of the Director of Public Prosecutions under this section may be exercised by an officer acting on behalf of the Director.
6
A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).
7
In this section “
child
” means—
a
a person who is under the age of 17; or
b
any person of whom a video recording (as defined in section 63(1) of the Youth Justice and Criminal Evidence Act 1999) was made when he was under the age of 17 with a view to its admission as his evidence in chief in the trial referred to in subsection (1) above.
S. 51C(3)(e) amended (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94(1), Sch. 6 para. 36; S.I. 2008/2504, art. 2(a)
Ss. 51-51E substituted for s. 51 (4.4.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 18; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(a) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
S. 51C(3)(da) inserted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 9(a)
S. 51C(3)(db) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 16 para. 7(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 51C(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 16 para. 7(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)