The Criminal Evidence (Northern Ireland) Order 1999

PART IN.I.INTRODUCTORY

Title and commencementN.I.

1.—(1) This Order may be cited as the Criminal Evidence (Northern Ireland) Order 1999.

(2) This Order shall come into operation on such day or days as the Secretary of State may by order appoint.

InterpretationN.I.

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “accused”, in relation to any criminal proceedings, means any person charged with an offence to which the proceedings relate (whether or not he has been convicted);

• “the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed [F1(but see also Article 3A(2) to (5))] ;

• “judge” includes, in relation to a magistrates' court, the resident magistrateF2. . . [F3and (in the case of a youth court) any lay magistrate];

• “picture” includes a likeness however produced;

• “the prosecutor” means any person acting as prosecutor, whether an individual or body;

• “rules of court” means Crown Court rules, magistrates' courts rules, county court rules or rules made under section 55 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978;

• “video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track;

• “witness”, in relation to any criminal proceedings, means any person called, or proposed to be called, to give evidence in the proceedings.

(3) Nothing in this Order shall affect any power of a court to exclude evidence at its discretion (whether by preventing questions being put or otherwise) which is exercisable apart from this Order.

Meaning of “sexual offence” and other references to offencesN.I.

3.—(1) In this Order “sexual offence” means—

(a)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(gg)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(ga). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(h)any offence under any provision of the Sexual Offences (Northern Ireland) Order 2008.]

[F7(1A) In this Order “a slavery or human trafficking offence” means an offence under—

(a)section 57, 58, 58A or 59 of the Sexual Offences Act 2003 (trafficking for sexual exploitation);

(b)section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation);

(c)section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour); or

(d)section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery, servitude, forced or compulsory labour and human trafficking).]

(2) In this Order any reference (including a reference having effect by virtue of this paragraph) to an offence of any description ( “the substantive offence”) is to be taken to include a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, the substantive offence.

[F8Meaning of offence involving domestic abuse” etc.N.I.

3A—(1) In this Order, “offence involving domestic abuse” means—

(a)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (the domestic abuse offence),

(b)an offence of any kind in respect of which there is specification in accordance with section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 that the offence is aggravated by reason of involving domestic abuse.

(2) In this Order, “the complainant”, in relation to an offence (or alleged offence) falling within paragraph (1)(b) means a person in respect of whom the prosecutor gives notice to the court asserting that—

(a)the offence is so aggravated in relation to the person, and

(b)the accused was personally connected to the person at the time.

(3) A reference to a person in paragraph (2) is not limited to someone against or in relation to whom the offence was (or is alleged to have been) committed.

(4) Paragraph (2) does not, where in any case—

(a)notice as referred to in that paragraph is given, and

(b)the offence is also mentioned in Article 3,

prevent someone else from additionally being the complainant in relation to the offence within the meaning of Article 2(2).

(5) Article 2(2), but not paragraph (2), determines who the complainant is in relation to the offence where no notice as referred to in that paragraph is given in the case.]