1999 pt 2

(b)the contravention of section 44(2) relates to a person (“the protected person”) who is neither—, (i)the person mentioned in subsection (3)(b)(i), nor. may also experience some issues with your browser, such as an alert box that a script is taking a 2(a)(i), F29S. In this section “leave” means leave under section 41. (9)The court may, in giving permission for the purposes of [F30subsection (5)(b)], direct that the evidence in question is to be given by the witness by means of a live link; F31.... [F32(9A)If the court directs under subsection (9) that evidence is to be given by live link, it may also make such provision in that direction as it could make under section 24(1A) in a special measures direction. . (b)the offence relates to the inclusion of any matter in a publication in contravention of a direction under section 45A(2). (2)The circumstances falling within this subsection are—, (i)suffers from mental disorder within the meaning of the M1Mental Health Act 1983, or. 2, I19S. 2012/2574, art. (c)any other person exercising, on behalf of the person mentioned in paragraph (b), any responsibility in relation to the publication of that matter; and for this purpose “person” includes a body of persons and a partnership. 2015/373, art. in so far as not already in force by S.R. 2007/709, art. that it is in the public interest to remove or relax that restriction; a direction under subsection (3) in relation to a person, or. (with arts. (b)the M9Sexual Offences (Protected Material) Act 1997. 3(p) (with art. . 7(2), 36(9)); S.I. 2(a)(i), F30Words in s. 27(9) substituted (27.6.2011) by Coroners and Justice Act 2009 (c. 25), ss. 2002/1739, art. 2(h), I25S. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 26 in force in so far as not already in force at 24.7.2002 by. Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. . (b)includes a report in contravention of section 47. that it would not be contrary to the interests of justice to give such a direction, In determining whether subsection (2)(a) applies in the case of a witness the court must have regard, in particular, to—. F74S. . (b)the statement is made in such circumstances that had it been given on oath in any such judicial proceeding that person would have been guilty of perjury. . The evidence in criminal proceedings of a person to whom this subsection applies shall be given unsworn. . the provision which may be made by a special measures direction by virtue of each of sections 23 to 30 is a special measure available in relation to a witness eligible for assistance by virtue of section 16; and. and, if it is a magistrates’ court, must cause those matters to be entered in the register of its proceedings. (b)he has a sufficient appreciation of the solemnity of the occasion and of the particular responsibility to tell the truth which is involved in taking an oath. . (7)[F54Criminal Procedure Rules] made in pursuance of subsection (6)(b) may make provision for the application, with such modifications as are specified in the rules, of any of the provisions of—, (a)Part I of the M8Criminal Procedure and Investigations Act 1996 (disclosure of material in connection with criminal proceedings), or. 35 applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. S. 41 applied (with modifications) (31.10.2009) by, S. 41 wholly in force at 4.12.2000; Pt. (5)Any proceedings from which persons are excluded under this section (whether or not those persons include representatives of news gathering or reporting organisations) shall nevertheless be taken to be held in public for the purposes of any privilege or exemption from liability available in respect of fair, accurate and contemporaneous reports of legal proceedings held in public. 2009/2083), arts. . ], [F78(1A)In subsection (1) “relevant superseded offence” means—. 2009/2083), arts. . 2016/553, reg. Where two or more legal representatives are acting for a party to the proceedings, subsection (2)(a) and (b) are to be regarded as satisfied in relation to those representatives if at all material times they are satisfied in relation to at least one of them. 33 applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2(a), I75S. 1-4 (ss. 1, 5, 6, I31S. 1-4 (ss. S. 59 wholly in force; s. 59 not in force at Royal Assent see s. 68(3); s. 59 in force in relation to England and Wales and Northern Ireland at 14.4.2000 by. 2 Ch. 1(2)(a), 6; S.R. Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. 2005/910, art. 1, 3, 4, I26S. (5)For the purposes of this section “witness” includes a witness who is charged with an offence in the proceedings. 2011/1452, art. This section applies where in any criminal proceedings—, a party to the proceedings makes an application for the court to give a direction under this section in relation to a witness in the proceedings other than the accused, or. 33A-33C applied (with modifications) (31.10.2009) by The Court Martial Appeal Court (Evidence) Order 2009 (S.I. 2. 2009/2083), arts. 103(5), 182(5) (with s. 180, Sch. (13)However, no person by whom the offence mentioned in section 44(2) is alleged to have been committed is, by virtue of subsections (9) to (12), an appropriate person for the purposes of this section. 2013/1103, art. 29 in force at 23.2.2004 in so far as not already in force by S.I. 2007/709, art. 1(2), Sch. . (a)a direction under subsection (3) in relation to a person, or. Open the stopcock and with gentle aspiration raise the level of the manometer liquid to that of the … . (9)A reporting direction may be revoked by the court or an appellate court. The court may exercise this power of its own motion or on an application by a party. . The screenplay was written by Terence Feely; the director was Tom Clegg. a person who has parental responsibilities (within the meaning of section 1(3) of that Act) in relation to the protected person and with whom the protected person is allowed to live. (8)However, when deciding whether to make such an order dispensing (to any extent) with the restrictions imposed by subsection (2) in relation to a person, the court shall have regard to the welfare of that person. . 41(2); S.I. WWE,WWF,TNA,ECW,WCW. use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise). . This section does not apply in relation to any proceedings to which section 49 of the. (6)Where in accordance with subsection (2) a special measures direction provides for part only of a recording to be admitted under this section, references in subsections (4) and (5) to the recording or to the witness’s recorded testimony are references to the part of the recording or testimony which is to be so admitted. Item is brand new, never been out of the box. 22 para. (b)(where the consent was given by an appropriate person) with the peace or comfort of either that person or the protected person, “an appropriate person” means (subject to subsections (10) to (12))—, in England and Wales or Northern Ireland, a person who is a parent or guardian of the protected person, or. that it is in the interests of justice for the accused to give evidence through a live link. The first date in the timeline will usually be the earliest date when the provision came into force. 46 in force at 8.11.2004 for N.I. 2012/2761, art. . 2) (with S.I. 1-4 (ss. the court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a legal representative appointed to represent the interests of the accused. . (4)In the case of any proceedings in which there is more than one accused—, (a)any reference to the accused in sections 23 to 28 may be taken by a court, in connection with the giving of a special measures direction, as a reference to all or any of the accused, as the court may determine, and. the open reporting of matters relating to human health or safety, and. 2004/2066, art. 1 applied (with modifications) (26.5.2016) by. In section 34 (effect of accused’s failure to mention facts when questioned or charged), after subsection (2) there shall be inserted—. 23); S.I. Power to restrict reports about certain adult witnesses in criminal proceedings. 22 para. may be given at the time the reporting direction is given or subsequently, and. 22 para. Where a special measures direction provides for a recording to be admitted under this section, the court may nevertheless subsequently direct that it is not to be so admitted if any requirement of subsection (2) or. Section 41 applies in relation to the following proceedings as it applies to a trial, namely—. In section 1(2)(a) (entitlement to benefit dependent on claim), for... 17. by S.I. Dwayne Pounds. (b)an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc. 1 para. 2006/1835, art. 2003/352, art. II Chs. . Where a person is charged with an offence under section 49 it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication included the matter or report in question. 2009/2083), arts. 2009/2083), arts. 34 wholly in force at 4.9.2000; Pt. 2006/368, art. 2 Ch. 22 para. is likely to be diminished by reason of fear or distress on the part of the person in connection with being identified by members of the public as a person concerned in the proceedings. 26 paras. (b)in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland. 1A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 23); S.I. 1-4 (ss. 1, 11, 12, C77S. An application for leave shall be heard in private and in the absence of the complainant. 2004/1988 (N.I. . ], F2Words in s. 17(4) inserted (6.4.2013) by The Trafficking People for Exploitation Regulations 2013 (S.I. 56(2), 63(2), 78); S.I. 2004/2066, art. 2013/1103, art. S. 62(1A) inserted (retrospective to 1.5.2004) by, S. 62 applied (with modifications) (31.10.2009) by, In this Part (except where the context otherwise requires)—. 2(a), F68Words in s. 47 cross-heading substituted (E.W.N.I.) (ii)was under the age of [F1618] when a relevant recording was made; F17(b). 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 30 in force in so far as not already in force at 24.7.2002 by. 6C(5) (as inserted (18.9.2006) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 47 applied (with modifications) (E.W.) 47 in force at 8.11.2004 for N.I. II Chs. 2004/1988 (N.I. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 47 applied (with modifications) (E.W.) II Chs. 1(3), Sch. 2013/554), reg. in so far as not already in force by S.R. . Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. 54(5) applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 14 para. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 20 in force in so far as not already in force at 24.7.2002 by S.I. (3)The court may direct that no matter relating to any person concerned in the proceedings shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as a person concerned in the proceedings. 384(c); S.I. as to the time when, and the manner in which, subsection (2) is to be complied with; in connection with the appointment of a legal representative under subsection (4), and in particular for securing that a person so appointed is provided with evidence or other material relating to the proceedings. (2)This section does not apply if the place of trial is a magistrates' court. 1-4 (ss. . The requirement in subsection (4A) is subject to the following limitations—, if the witness informs the court of the witness's wish that the requirement in subsection (4A) should not apply, the requirement does not apply to the extent that the court is satisfied that not complying with it would not diminish the quality of the witness's evidence; and. 41 wholly in force at 4.12.2000; Pt. 35(3)(a)(iva) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. Words in s. 45A(15)(b) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by. 16-52) in force for certain purposes at Royal Assent, see s. 68(4), S. 28 in force at 30.12.2013 for specified purposes by, S. 28 in force at 2.1.2017 for specified purposes by, S. 28 in force at 3.6.2019 for specified purposes by, S. 28 in force at 24.2.2020 for specified purposes by, S. 28 in force at 24.8.2020 for specified purposes by. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 19 in force in so far as not already in force at 24.7.2002 by S.I. " The Bringers of Wonder, Part Two " is the eighteenth episode of the second series of Space: 1999 (and the forty-second overall episode of the programme). 143, 178(8); S.I. ” refers to a person's ability in giving evidence to give answers which address the questions put to the person and can be understood both individually and collectively); references to the preparation of the case of a party to any proceedings include, where the party is the prosecution, the carrying out of investigations into any offence at any time charged in the proceedings. a witness in criminal proceedings is a “child witness” if he is an eligible witness by reason of section 16(1)(a) (whether or not he is an eligible witness by reason of any other provision of section 16 or 17); . Photo Goes Viral of Uniformed Man Kneeling at Beau Biden's Grave While Dad Joe Biden Is Sworn in as … 4); S.I. Words in s. 29(3) substituted (1.9.2004) by, Words in s. 29(5) substituted (1.9.2004) by, S. 29(1)(2) applied (with modifications) (31.10.2009) by, S. 29(3)(4) applied (with modifications) (31.10.2009) by, S. 29(5)-(7) applied (with modifications) (31.10.2009) by, S. 29 in force at 23.2.2004 in so far as not already in force by, S. 30 applied (with modifications) (31.10.2009) by, S. 30 wholly in force at 24.7.2002; Pt. Nothing in this Chapter is to be regarded as affecting any power of a court to make an order or give leave of any description (in the exercise of its inherent jurisdiction or otherwise)—, in relation to a witness who is not an eligible witness, or. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
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