The Criminal Evidence (Northern Ireland) Order 1999

Link to law: http://www.legislation.gov.uk/nisi/1999/2789/contents

Introductory Text

PART I INTRODUCTORY

1.Title and commencement
2.Interpretation
3.Meaning of “sexual offence” and other references to offences

PART II SPECIAL MEASURES DIRECTIONS IN CASE OF VULNERABLE AND INTIMIDATED WITNESSES

Preliminary

4.Witnesses eligible for assistance on grounds of age or incapacity
5.Witnesses eligible for assistance on grounds of fear or distress about testifying
6.Special measures available to eligible witnesses

Special measures directions

7.Special measures direction relating to eligible witness
8.Further provisions about directions: general
9.Special provisions relating to child witnesses
10.Extension of provisions of Article 9 to certain witnesses over 17

Special measures

11.Screening witness from accused
12.Evidence by live link
13.Evidence given in private
14.Removal of wigs and gowns
15.Video recorded evidence in chief
16.Video recorded cross-examination or re-examination
17.Examination of witness through intermediary
18.Aids to communication

Supplementary

19.Status of evidence given under this Part
20.Warning to jury
21.Interpretation etc. of Part II

PART 2A USE OF LIVE LINK FOR EVIDENCE OF CERTAIN ACCUSED PERSONS

21A.Live link directions
21B.Meaning and effect of live link.
21C.Saving

PART III PROTECTION OF WITNESSES FROM CROSS-EXAMINATION BY ACCUSED IN PERSON

General prohibitions

22.Complainants in proceedings for sexual offences
23.Child complainants and other child witnesses

Prohibition imposed by court

24.Direction prohibiting accused from cross-examining particular witness
25.Further provisions about directions under Article 24

Cross-examination on behalf of accused

26.Defence representation for purposes of cross-examination
27.Warning to jury

PART IV PROTECTION OF COMPLAINANTS IN PROCEEDINGS FOR SEXUAL OFFENCES

28.Restriction on evidence or questions about complainant's sexual history
29.Interpretation and application of Article 28
30.Procedure on applications under Article 28

PART V COMPETENCE OF WITNESSES AND CAPACITY TO BE SWORN

Competence of witnesses

31.Competence of witnesses to give evidence
32.Determining competence of witnesses

Giving of sworn or unsworn evidence

33.Determining whether witness to be sworn
34.Reception of unsworn evidence
35.Penalty for giving false unsworn evidence

PART VI RESTRICTIONS ON USE OF EVIDENCE

36.Inferences from silence not permissible where no prior access to legal advice
37.Removal of restriction on use of evidence from computer records

PART VII FINAL PROVISIONS

38.Orders
39.General supplementary provisions
40.Minor and consequential amendments, transitional provisions and repeals

SCHEDULES

Schedule 1—Amendments

SCHEDULE 2
TRANSITIONAL PROVISIONS AND SAVINGS

Interpretation (1) In this Schedule— “the 1989 Order” means the Police...

Interpretation
1.(1) In this Schedule— “the 1989 Order” means the Police...

Special measures under Part II
2.(1) A special measures direction may be given in relation...

Protection of witnesses from cross-examination by accused in person
3.Nothing in Part III applies in relation to proceedings instituted...

Protection of complainants in proceedings for sexual offences
4.(1) Nothing in Part IV applies in relation to continuing...

Competence of witnesses and capacity to be sworn
5.Nothing in Part V applies in relation to proceedings instituted...

Inferences from silence
6.The amendments made by Article 36— (a) apply only to...

Schedule 3—Repeals
Read Entire Law on www.legislation.gov.uk