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The Criminal Evidence (Northern Ireland) Order 1999
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The Criminal Evidence (Northern Ireland) Order 1999, Section 13 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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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 given in privateN.I.
13.—(1) A special measures direction may provide for the exclusion from the court, during the giving of the witness's evidence, of persons of any description specified in the direction.
(2) The persons who may be so excluded do not include—
(a)the accused,
(b)legal representatives acting in the proceedings, or
(c)any interpreter or other person appointed (in pursuance of the direction or otherwise) to assist the witness.
(3) A special measures direction providing for representatives of news gathering or reporting organisations to be so excluded shall be expressed not to apply to one named person who—
(a)is a representative of such an organisation, and
(b)has been nominated for the purpose by one or more such organisations,
unless it appears to the court that no such nomination has been made.
(4) A special measures direction may only provide for the exclusion of persons under this Article where—
(a)the proceedings relate to [F1 an offence listed in Article 5(5) ] ; or
(b)it appears to the court that there are reasonable grounds for believing that any person other than the accused has sought, or will seek, to intimidate the witness in connection with testifying in the proceedings.
(5) Any proceedings from which persons are excluded under this Article (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.
F1Words in art. 13(4)(a) substituted (21.2.2022) by Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c. 2), s. 23(3); S.R. 2022/57, art. 2(w)
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