Youth Justice and Criminal Evidence Act 1999

  1. Introduction

  2. Background

    1. Part I

    2. Part II

  3. Summary

    1. Part I - Referrals to Youth Offender Panels

    2. Part II: The giving of evidence or information for the purposes of criminal proceedings

    3. Part III

  4. Commentary on Sections

    1. Part I: Referrals to youth offender panels

      1. Section 1: Referral of young offender to youth offender panel

      2. Section 2: Referral conditions

      3. Section 3: Making a referral order

      4. Section 4: Effect of referral order on availability of other sentences

      5. Section 5: Making of referral orders: attendance of parents

      6. Section 6: Youth offender panels

      7. Section 7: Attendance at panel meetings

      8. Section 8: First meeting: agreement of contract with offender

      9. Section 9: Duration of contract

      10. Section 10: First meeting: failure to agree contract

      11. Section 11: Progress meetings

      12. Section 12: Final meeting

      13. Section 13 and Schedule 1: Referral back to court

      14. Section 14: Functions of youth offending teams

    2. Part II: Giving of evidence or information for purposes of criminal proceedings

      1. Chapter I: Special Measures directions in case of vulnerable or intimidated witnesses

        1. Sections 16 and 17: Eligible witnesses

        2. Section 18: Special measures available to eligible witnesses

        3. Section 19: Special measures direction relating to an eligible witness

        4. Section 20: Further provisions about directions: general

        5. Section 21: Special provisions relating to young witnesses

        6. Section 22: Extension of provisions of section 21 to certain witnesses over 17

        7. Section 23: Screening witness from accused

        8. Section 24: Evidence by live link

        9. Section 25: Evidence given in private

        10. Section 26: Removal of wigs and gowns

        11. Section 27: Video recorded evidence in chief

        12. Section 28: Video recorded cross-examination or re-examination

        13. Section 29: Examination of witness through intermediary

        14. Section 30: Aids to communication

        15. Section 31: Status of evidence given under Chapter I

        16. Section 32: Warning to jury

      2. Chapter II: Protection of witness from cross-examination by accused in person

        1. Section 34: Complainants in proceedings for sexual offences

        2. Section 35: Complainants and other witnesses who are children

        3. Sections 36 and 37: Direction prohibiting accused from cross-examining particular witness

        4. Section 38: Defence representation for purposes of cross-examination

        5. Section 39: Warning to jury

        6. Section 40: Funding of defence representation

      3. Chapter III: Protection of complainants in proceedings for sexual offences

        1. Section 41: Restrictions on evidence or questions about complainant's sexual history

        2. Section 42: Interpretation and application of section 41

        3. Section 43: Procedure on applications under section 41

      4. Chapter IV: Reporting restrictions

        1. Section 44: Restrictions on reporting alleged offences involving persons under 18

        2. Section 45: Power to restrict reporting of criminal proceedings involving persons under 18

        3. Section 46: Power to restrict reports about certain adult witnesses in criminal proceedings

        4. Section 47: Restrictions on reporting directions under Chapter I or II

        5. Sections 49, 50, 51 and 52: Offences where reporting restrictions not complied with and defences to the offences

      5. Chapter V: Competence of witnesses and capacity to be sworn

        1. Section 53 (and certain amendments made by Schedule 4): General rule of competence

        2. Section 54: Determining whether a witness is competent

        3. Section 55: Determining whether witnesses are to be sworn

        4. Sections 56 and 57: Unsworn evidence

      6. Chapter VI: Restrictions on use of evidence

        1. Section 58: Inferences from silence not permissible where no prior access to legal advice

        2. Section 59 and Schedule 3: Restrictions on use of answers obtained under compulsion

        3. Section 60: Removal of restriction on use of evidence from computer records

      7. Chapter VII: General provisions

        1. Section 61: Application of Part II to service courts

        2. Sections 62 and 63: Interpretation of Part II

    3. Part III: Final provisions

  5. Commencement

  6. Hansard References