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The Criminal Evidence (Northern Ireland) Order 1999 (Commencement No. 6) Order 2009

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Statutory Rules of Northern Ireland

2009 No. 275 (C. 18)

Criminal Evidence

The Criminal Evidence (Northern Ireland) Order 1999 (Commencement No. 6) Order 2009

Made

12th July 2009

The Secretary of State makes the following Order in exercise of the powers conferred by Article 1(2) of the Criminal Evidence (Northern Ireland) Order 1999(1):

Citation

1.  This Order may be cited as the Criminal Evidence (Northern Ireland) Order 1999 (Commencement No. 6) Order 2009.

Commencement

2.  Article 15 of the Criminal Evidence (Northern Ireland) Order 1999, in so far as it relates to adult witnesses in summary proceedings before the magistrates’ court, shall come into operation on 1st August 2009.

Paul Goggins

Minister of State

Northern Ireland Office

12 July 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 1st August 2009 Article 15 of the Criminal Evidence (Northern Ireland) Order 1999 as it applies to adult witnesses in the magistrates’ court.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Criminal Evidence (Northern Ireland) Order 1999 came into operation on 30th June 2003 in so far as they relate to special measures directions for persons under 17:

  • Articles 1 and 2

  • Article 4(1)(a)(5)

  • Article 6(1)(a)(2)(3)(4)(5) (in so far as it relates to Article 4(1)(a))

  • Article 7 (in so far as it relates to Article 4(1)(a))

  • Article 8

  • Article 9 except (6) and (7)

  • Articles 11 to 15

  • Articles 18 to 21

  • Article 23(3)

  • Article 39(2)

  • Article 40 (in so far as it relates to those provisions applying to persons under 17)

  • Schedule 1, paragraph 6

  • Schedule 2

  • Schedule 3 the repeal of Article 81 of the Police and Criminal Evidence (Northern Ireland) Order 1989 except in so far as it relates to adult witnesses who will not give evidence otherwise through fear and Article 81A of that Order.

The following provisions of the Criminal Evidence (Northern Ireland) Order 1999 came into operation on 1st December 2003 in so far as they relate to special measures directions in cases involving vulnerable and intimidated witnesses in so far as they relate to proceedings in the Crown Court and at committal proceedings in the magistrates’ court:

  • Articles 1 to 3, 22 to 30 and 39(2)

  • paragraphs 2, 4, and 6 of Schedule 1

  • paragraphs 3 and 4 of Schedule 2

  • Schedule 23 in so far as it relates to the entries for the Sexual Offences (Northern Ireland) Order 1978 and Article 81B of the Police and Criminal Evidence (Northern Ireland) Order 1989.

The following provisions of the Criminal Evidence (Northern Ireland) Order1999 came into operation on 8th November 2004 in so far as they relate to adult witnesses in summary proceedings before the magistrates’ court:

  • Articles 3 to 10

  • Articles 11 to 14

  • Article 18

  • Article 40(1) in so far as it relates to paragraph 6 of Schedule 1.

The following provisions of the Criminal Evidence (Northern Ireland) Order 1999 came into operation on 21st December 2004 in so far as they relate to adult witnesses in criminal proceedings before the county court:

  • Articles 3 to 10

  • Articles 11 to 14

  • Article 18

  • Article 40(1) in so far as it relates to paragraph 6 of Schedule 1.

The following provision of the Criminal Evidence (Northern Ireland) Order 1999 came into operation on 1st March 2007:

  • Article 36

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