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Youth Justice and Criminal Evidence Act 1999

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This is the original version (as it was originally enacted).

22Extension of provisions of section 21 to certain witnesses over 17
This section has no associated Explanatory Notes

(1)For the purposes of this section—

(a)a witness in criminal proceedings (other than the accused) is a “qualifying witness” if he—

(i)is not an eligible witness at the time of the hearing (as defined by section 16(3)), but

(ii)was under the age of 17 when a relevant recording was made;

(b)a qualifying witness is “in need of special protection” if the offence (or any of the offences) to which the proceedings relate is—

(i)an offence falling within section 35(3)(a) (sexual offences etc.), or

(ii)an offence falling within section 35(3)(b), (c) or (d) (kidnapping, assaults etc.); and

(c)a “relevant recording”, in relation to a witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.

(2)Subsections (2) to (7) of section 21 shall apply as follows in relation to a qualifying witness—

(a)subsections (2) to (4), so far as relating to the giving of a direction complying with the requirement contained in subsection (3)(a), shall apply to a qualifying witness in respect of the relevant recording as they apply to a child witness (within the meaning of that section);

(b)subsection (5), so far as relating to the giving of such a direction, shall apply to a qualifying witness in need of special protection as it applies to a child witness in need of special protection (within the meaning of that section); and

(c)subsections (6) and (7) shall apply to a qualifying witness in need of special protection by virtue of subsection (1)(b)(i) above as they apply to such a child witness as is mentioned in subsection (6).

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