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The Criminal Evidence (Northern Ireland) Order 1999
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The Criminal Evidence (Northern Ireland) Order 1999, Section 12 is up to date with all changes known to be in force on or before 01 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 29(3)(aa) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 11
- art. 29(3)(aa) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 11 by 2022 c. 4 (N.I.) s. 4(9)(h)
Evidence by live linkN.I.
12.—(1) A special measures direction may provide for the witness to give evidence by means of a live link.
[F1(1A) Such a direction may also provide for a specified person to accompany the witness while the witness is giving evidence by live link.
(1B) In determining who may accompany the witness, the court must have regard to the wishes of the witness.]
(2) Where a direction provides for the witness to give evidence by means of a live link, the witness may not give evidence in any other way without the permission of the court.
(3) The court may give permission for the purposes of paragraph (2) if it appears to the court to be in the interests of justice to do so, and may do so either—
(a)on an application by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or
(b)of its own motion.
(4) In paragraph (3) “the relevant time” means—
(a)the time when the direction was given, or
(b)if a previous application has been made under that paragraph, the time when the application (or last application) was made.
(5) Where in proceedings before a magistrates' court—
(a)evidence is to be given by means of a live link in accordance with a special measures direction, but
(b)suitable facilities for receiving such evidence are not available at any court-house in which that court can (apart from this paragraph) lawfully sit,
the court may sit for the purposes of the whole or any part of those proceedings at a place designated by the Lord Chancellor[F2, after consultation with the Lord Chief Justice,] as a place having facilities to receive evidence given through a live link.
(6) In this Part “live link” means a live television link or other arrangement whereby a witness, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the persons specified in Article 11(2)(a) to (c).
F1Art. 12(1A)(1B) inserted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 10(1), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)
F2Words in art. 12(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 114; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(b)
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