uksi/2020/1159 — The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 19) Order 2020

2020 No. 1159 (C. 32) Criminal Procedure, England And Wales The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 19) Order 2020 Made 21st October 2020 The Secretary of State makes the following Order in exercise of the powers conferred by sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999 . Citation and interpretation 1 1 This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 19) Order 2020. 2 In this Order, “the Act” means the Youth Justice and Criminal Evidence Act 1999. Provision coming into force on 26th October 2020 2 1 Section 28 of the Act (video recorded cross-examination or re-examination) comes into force on 26th October 2020 in relation to relevant proceedings. 2 Proceedings are relevant for the purposes of paragraph (1) if— a they take place before the Crown Court sitting at— i Amersham Law Courts; ii Bolton; iii Burnley Combined Court Centre; iv Caernarfon Justice Centre; v Cardiff; vi Doncaster Justice Centre South; vii Exeter Law Courts; viii Gloucester; ix Ipswich; x King’s Lynn; xi Lancaster; xii Manchester (Crown Square); xiii Manchester (Minshull Street); xiv Merthyr Tydfil Combined Court Centre; xv Newcastle Moot Hall; xvi Newport (South Wales); xvii Norwich Combined Court Centre; xviii Plymouth Combined Court; xix Preston Crown Court and Family Court (Sessions House); xx Salisbury Law Courts; xxi Southampton Combined Court Centre; xxii St. Albans; xxiii Swindon Combined Court; xxiv Teesside Combined Court Centre; xxv Warrington; xxvi Winchester Combined Court Centre; xxvii Worcester Combined Court, or xxviii York, and b the witness is eligible for assistance by virtue of section 16 of the Act (witnesses eligible for assistance on grounds of age or incapacity). Chris Philp Parliamentary Under Secretary of State Ministry of Justice 21st October 2020 EXPLANATORY NOTE (This note is not part of the Order) Section 28 of the Youth Justice and Criminal Evidence Act 1999 (“the Act”) provides that where a witness’s video recorded interview has been admitted as their evidence in chief under section 27 of the Act, the court may also direct that any cross-examination and re-examination of the witness be video recorded and that recording admitted as evidence. A witness in criminal proceedings can be eligible for a direction under section 28 by virtue of section 16(1)(a) of the Act (the witness is under 18 at the time of the hearing), section 16(1)(b) of the Act (eligibility on the grounds of incapacity), and/or section 17 of the Act (eligibility on the grounds of fear or distress about testifying). Article 2 of this Order makes provision for the coming into force of section 28 of the Act on 26th October 2020 for the purposes of proceedings before the Crown Court sitting at Amersham Law Courts, Bolton, Burnley Combined Court Centre, Caernarfon Justice Centre, Cardiff, Doncaster Justice Centre South, Exeter Law Courts, Gloucester, Ipswich, King’s Lynn, Lancaster, Manchester (Crown Square), Manchester (Minshull Street), Merthyr Tydfil Combined Court Centre, Newcastle Moot Hall, Newport (South Wales), Norwich Combined Court Centre, Plymouth Combined Court, Preston Crown Court and Family Court (Sessions House), Salisbury Law Courts, Southampton Combined Court Centre, St. Albans, Swindon Combined Court, Teesside Combined Court Centre, Warrington, Winchester Combined Court Centre, Worcester Combined Court, or York, where the witness is eligible for assistance by virtue of section 16 of the Act. Section 28 was partially brought into force by S.I 2013/3236 in relation to proceedings before the Crown Court sitting at Kingston Upon-Thames, Leeds or Liverpool, where the witness is eligible by virtue of section 16(1)(a) and is under the age of 16 at the time of the hearing, or is eligible by virtue of section 16(1)(b) of the Act. Section 28 was subsequently brought into force in relation to proceedings in the Crown Court sitting at those three locations where the witness is eligible by virtue of section 16(1)(a) and is aged 16 or 17 at the time of the hearing ( S.I. 2016/1201 ), and where the witness is eligible by virtue of section 17(4) of the Act (complainants in respect of a sexual offence or modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences) ( S.I. 2019/947 ). S.I 2019/947 brought section 28 into force in relation to proceedings before the Crown Court sitting at Bradford, Carlisle, Chester, Durham, Mold or Sheffield and, S.I 2020/155 brought section 28 into force in relation to proceedings before the Crown Court sitting at Aylesbury, Bristol, Leicester, Northampton, Oxford, Portsmouth, Reading, Swansea or Wolverhampton, in each case where the witness is eligible for assistance by virtue of section 16 of the Act. S.I. 2020/888 also brought section 28 into force in relation to proceedings before the Crown Court sitting at Basildon, Canterbury, the Central Criminal Court, Chelmsford, Croydon, Guildford, Harrow, the Inner London Sessions House, Isleworth, Lewes, Maidstone, Snaresbrook, Southwark, Stafford, Wood Green or Woolwich under similar eligibility criteria. This Order expands the availability of section 28 directions to proceedings before the Crown Court in twenty-eight further locations, where the witness is eligible for assistance by virtue of section 16 of the Act. An impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen. NOTE AS TO EARLIER COMMENCEMENT ORDERS (This note is not part of the Order) The following provisions of the Youth Justice and Criminal Evidence Act 1999 have been brought into force in England and Wales by commencement order made before the date of this Order: Provision Date of Commencement S.I. No. Sections 1 to 15 (remainder) and Schedule 1 26.06.2000 2000/1587 Sections 16 to 27 24.07.2002 2002/1739 Section 28 (partially) 30.12.2013 2013/3236 02.01.2017 2016/1201 03.06.2019 2019/947 24.02.2020 2020/155 24.08.2020 2020/888 Section 29 23.02.2004 2004/299 Sections 30 to 33 24.07.2002 2002/1739 Sections 34 and 35 04.09.2000 2000/2091 Sections 36 and 37 24.07.2002 2002/1739 Sections 38 and 39 04.09.2000 2000/2091 Section 40 (remainder) 04.09.2000 2000/2091 Sections 41 to 43 04.12.2000 2000/3075 Section 45 (partially) 13.04.2015 2015/818 Section 46 07.10.2004 2004/2428 Section 47 24.07.2002 2002/1739 Section 48 (partially) 07.10.2004 2004/2428 13.04.2015 2015/818 Section 49 (partially) 07.10.2004 2004/2428 13.04.2015 2015/818 Sections 50 to 52 (partially) 13.04.2015 2015/818 07.10.2004 2004/2428 Sections 53 to 57 24.07.2002 2002/1739 Section 58 (remainder) 01.04.2003 2003/707 Sections 59 and 60 14.04.2000 2000/1034 Section 61(2) (remainder) 06.12.2006 2006/2885 Section 67(1) (partially) and Schedule 4 (partially) 14.04.2000 2000/1034 26.06.2000 2000/1587 24.07.2002 2002/1739 Section 67(2) and Schedule 5 01.01.2000 1999/3427 Section 67(3) (partially) 01.04.2000 1999/3427 14.04.2000 2000/1034 24.07.2002 2002/1739 07.10.2004 2004/2428 06.12.2006 2006/2885 Section 67(4) (partially) and Schedule 7 (partially) 04.12.2000 2000/3075 24.07.2002 2002/1739 01.04.2003 2003/707 07.10.2004 2004/2428 Schedule 2 (partially) 07.10.2004 2004/2428 13.04.2015 2015/818 Schedule 6 (partially) 14.04.2000 2000/1034 04.12.2000 2000/3075 04.09.2000 2000/2091 07.10.2004 2004/2428 Schedule 7 (partially) 26.06.2000 2000/1587 04.09.2000 2000/2091 07.10.2004 2004/2428 13.04.2015 2015/818