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Youth Justice and Criminal Evidence Act 1999

1999 CHAPTER 23

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Referrals to youth offender panels

    1. Referral orders

      1. 1. Referral of young offenders to youth offender panels.

      2. 2. The referral conditions.

      3. 3. Making of referral orders: general.

      4. 4. Making of referral orders: effect on court’s other sentencing powers.

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

    2. Youth offender panels

      1. 6. Establishment of panels.

      2. 7. Attendance at panel meetings.

    3. Youth offender contracts

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

      2. 9. First meeting: duration of contract.

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

      4. 11. Progress meetings.

      5. 12. Final meeting.

    4. Further court proceedings

      1. 13. Offender referred back to court or convicted while subject to referral order.

    5. Supplementary

      1. 14. Functions of youth offending teams.

      2. 15. Interpretation of Part I.

  2. Part II

    Giving of evidence or information for purposes of criminal proceedings

    1. Chapter I

      Special measures directions in case of vulnerable and intimidated witnesses

      1. Preliminary

        1. 16. Witnesses eligible for assistance on grounds of age or incapacity.

        2. 17. Witnesses eligible for assistance on grounds of fear or distress about testifying.

        3. 18. Special measures available to eligible witnesses.

      2. Special measures directions

        1. 19. Special measures direction relating to eligible witness.

        2. 20. Further provisions about directions: general.

        3. 21. Special provisions relating to child witnesses.

        4. 22. Extension of provisions of section 21 to certain witnesses over 17.

      3. Special measures

        1. 23. Screening witness from accused.

        2. 24. Evidence by live link.

        3. 25. Evidence given in private.

        4. 26. Removal of wigs and gowns.

        5. 27. Video recorded evidence in chief.

        6. 28. Video recorded cross-examination or re-examination.

        7. 29. Examination of witness through intermediary.

        8. 30. Aids to communication.

      4. Supplementary

        1. 31. Status of evidence given under Chapter I.

        2. 32. Warning to jury.

        3. 33. Interpretation etc. of Chapter I.

    2. Chapter II

      Protection of witnesses from cross-examination by accused in person

      1. General prohibitions

        1. 34. Complainants in proceedings for sexual offences.

        2. 35. Child complainants and other child witnesses.

      2. Prohibition imposed by court

        1. 36. Direction prohibiting accused from cross-examining particular witness.

        2. 37. Further provisions about directions under section 36.

      3. Cross-examination on behalf of accused

        1. 38. Defence representation for purposes of cross-examination.

        2. 39. Warning to jury.

        3. 40. Funding of defence representation.

    3. Chapter III

      Protection of complainants in proceedings for sexual offences

      1. 41. Restriction on evidence or questions about complainant’s sexual history.

      2. 42. Interpretation and application of section 41.

      3. 43. Procedure on applications under section 41.

    4. Chapter IV

      Reporting restrictions

      1. Reports relating to persons under 18

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

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

      2. Reports relating to adult witnesses

        1. 46. Power to restrict reports about certain adult witnesses in criminal proceedings.

      3. Reports relating to directions under Chapter I or II

        1. 47. Restrictions on reporting directions under Chapter I or II.

      4. Other restrictions

        1. 48. Amendments relating to other reporting restrictions.

      5. Offences

        1. 49. Offences under Chapter IV.

        2. 50. Defences.

        3. 51. Offences committed by bodies corporate or Scottish partnerships.

      6. Supplementary

        1. 52. Decisions as to public interest for purposes of Chapter IV.

    5. Chapter V

      Competence of witnesses and capacity to be sworn

      1. Competence of witnesses

        1. 53. Competence of witnesses to give evidence.

        2. 54. Determining competence of witnesses.

      2. Giving of sworn or unsworn evidence

        1. 55. Determining whether witness to be sworn.

        2. 56. Reception of unsworn evidence.

        3. 57. Penalty for giving false unsworn evidence.

    6. Chapter VI

      Restrictions on use of evidence

      1. Additional restrictions

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

        2. 59. Restriction on use of answers etc. obtained under compulsion.

      2. Removal of restriction

        1. 60. Removal of restriction on use of evidence from computer records.

    7. Chapter VII

      General

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

      2. 62. Meaning of “sexual offence” and other references to offences.

      3. 63. General interpretation etc. of Part II.

  3. Part III

    Final provisions

    1. 64. Regulations and orders.

    2. 65. General supplementary provisions.

    3. 66. Corresponding provisions for Northern Ireland.

    4. 67. Minor, consequential and pre-consolidation amendments, repeals and transitional provisions.

    5. 68. Short title, commencement and extent.

  4. Schedules:

    1. Schedule 1

      Youth offender panels: further court proceedings.

      1. Part I

        Referral back to appropriate court.

      2. Part II

        Further convictions during referral.

    2. Schedule 2

      Reporting restrictions: miscellaneous amendments.

    3. Schedule 3

      Restriction on use of answers etc. obtained under compulsion.

    4. Schedule 4

      Minor and consequential amendments.

    5. Schedule 5

      Youth justice: pre-consolidation amendments.

    6. Schedule 6

      Repeals.

    7. Schedule 7

      Transitional provisions and savings.

An Act to provide for the referral of offenders under 18 to youth offender panels; to make provision in connection with the giving of evidence or information for the purposes of criminal proceedings; to amend section 51 of the Criminal Justice and Public Order Act 1994; to make pre-consolidation amendments relating to youth justice; and for connected purposes.

[27th July 1999]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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