Part II Giving of evidence or information for purposes of criminal proceedings

C1C2C4C5C6C7Chapter I Special measures directions in case of vulnerable and intimidated witnesses

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 Chs. 1-3 amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

C2

Pt. 2 Ch. 1 applied (with modifications) by 1998 c. 37, s. 1I(2)(3) (as inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s))

C4

Pt. 2 Ch. 1 applied (with modifications) (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 31(1)-(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(a)

C5

Pt. 2 Ch. 1 applied (with modifications) (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 16(1)-(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(a)

C6

Pt. 2 Ch. 1 applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 33(1)(2), 63(2); S.I. 2016/553, reg. 2

C7

Pt. 2 Ch. 1 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 340(1)(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

Supplementary

I1C333 Interpretation etc. of Chapter I.

1

In this Chapter—

  • “eligible witness” means a witness eligible for assistance by virtue of section 16 or 17;

  • “live link” has the meaning given by section 24(8);

  • “quality”, in relation to the evidence of a witness, shall be construed in accordance with section 16(5);

  • “special measures direction” means (in accordance with section 19(5)) a direction under section 19.

2

In this Chapter references to the special measures available in relation to a witness shall be construed in accordance with section 18.

3

In this Chapter references to a person being able to see or hear, or be seen or heard by, another person are to be read as not applying to the extent that either of them is unable to see or hear by reason of any impairment of eyesight or hearing.

4

In the case of any proceedings in which there is more than one accused—

a

any reference to the accused in sections 23 to 28 may be taken by a court, in connection with the giving of a special measures direction, as a reference to all or any of the accused, as the court may determine, and

b

any such direction may be given on the basis of any such determination.

F15

For the purposes of this Chapter as it applies in relation to a witness who is the complainant in respect of F2a relevant offence, where the age of the witness is uncertain and there are reasons to believe that the witness is under the age of 18, that witness is presumed to be under the age of 18.

F36

In subsection (5) “relevant offence” means—

a

a sexual offence;

b

an offence under section 1 of the Protection of Children Act 1978;

c

an offence under section 160 of the Criminal Justice Act 1988;

d

an offence under F4section 1 or 2 of the Modern Slavery Act 2015.