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Sentencing Act 2020

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This is the original version (as it was originally enacted).

340Special measures for witnesses

(1)Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to criminal behaviour order proceedings as it applies to criminal proceedings, but with—

(a)the omission of the provisions of that Act mentioned in subsection (2) (which make provision appropriate only in the context of criminal proceedings), and

(b)any other necessary modifications.

(2)The provisions are—

(a)section 17(4) to (7);

(b)section 21(4C)(e);

(c)section 22A;

(d)section 27(10);

(e)section 32.

(3)Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to criminal behaviour order proceedings—

(a)to the extent provided by rules of court, and

(b)subject to any modifications provided by rules of court.

(4)Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—

(a)to a direction under section 19 of that Act as applied by this section;

(b)to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5)In this section “criminal behaviour order proceedings” means proceedings in a magistrates’ court or the Crown Court so far as relating to the issue whether to make a criminal behaviour order.

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