Guidance on the use of s.28 YJCEA 1999; pre-recording of cross-examination and re-examination for witnesses captured by s.17(4) YJCEA 1999

GUIDANCE ON THE USE OF S.28 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999; PRE-RECORDING OF CROSS-EXAMINATION AND RE-EXAMINATION FOR WITNESSES CAPTURED BY S.17(4) YJCEA 1999

 

  1. When section 28 of the Youth Justice and Criminal Evidence Act 1999 (s.28 YJCEA 1999) is bought into force by Statutory Instrument, under that S.I section 28 will be available for the purpose of proceedings taking place in Leeds, Kingston and Liverpool Crown Courts, where the witness is eligible under section 17(4) of the YJCEA 1999.
  2. Section 17(4) provides that the following witnesses are eligible for special measures:
    (i) complainants in respect of a sexual offence; or where the witness is a complainant in proceedings relating to that offence (or to that offence and any other offences), unless the witness has informed the court of the witness’ wish not to be so eligible.
    (ii) complainants in respect of an offence under sections 1 or 2 of the Modern Slavery Act 2015,
    where the witness is a complainant in proceedings relating to that offence (or to that offence and any other offences), unless the witness has informed the court of the witness’ wish not to be so eligible.