Offences

I13Special measures directions

1

The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

2

In Article 5(5) (offences where witnesses are eligible for assistance with giving evidence), after sub-paragraph (c) add—

d

an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022.

3

After Article 22A insert—

Complainants in proceedings involving stalking22B

No person charged with an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022 may in any criminal proceedings cross-examine in person a witness who is the complainant, either—

a

in connection with that offence, or

b

in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.

4

In Article 23 (protection of children from cross-examination by defendant in person)—

a

in paragraph (3), after sub-paragraph (cd) insert—

ce

an offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022;

b

in paragraph (4)(a), for “or (cd)” substitute “, (cd) or (ce)”.

5

In Article 24 (direction prohibiting defendant from cross-examining particular witnesses)—

a

in paragraph (1), after “22A” insert “, 22B”;

b

in paragraph (3)(e), after “22A”, in both places it occurs, insert “, 22B”.

6

In Article 26(1) (defence representation for purposes of cross-examination), after “22A,” insert “22B,”.

7

In Article 27(1) (warning to jury), after “22A,” insert “22B,”.