Search Legislation

Youth Justice and Criminal Evidence Act 1999

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Youth Justice and Criminal Evidence Act 1999, Section 28 is up to date with all changes known to be in force on or before 29 March 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

28 Video recorded cross-examination or re-examination.E+W
This section has no associated Explanatory Notes

(1)Where a special measures direction provides for a video recording to be admitted under section 27 as evidence in chief of the witness, the direction may also provide—

(a)for any cross-examination of the witness, and any re-examination, to be recorded by means of a video recording; and

(b)for such a recording to be admitted, so far as it relates to any such cross-examination or re-examination, as evidence of the witness under cross-examination or on re-examination, as the case may be.

(2)Such a recording must be made in the presence of such persons as [F1Criminal Procedure Rules] or the direction may provide and in the absence of the accused, but in circumstances in which—

(a)the judge or justices (or both) and legal representatives acting in the proceedings are able to see and hear the examination of the witness and to communicate with the persons in whose presence the recording is being made, and

(b)the accused is able to see and hear any such examination and to communicate with any legal representative acting for him.

(3)Where two or more legal representatives are acting for a party to the proceedings, subsection (2)(a) and (b) are to be regarded as satisfied in relation to those representatives if at all material times they are satisfied in relation to at least one of them.

(4)Where a special measures direction provides for a recording to be admitted under this section, the court may nevertheless subsequently direct that it is not to be so admitted if any requirement of subsection (2) or [F2Criminal Procedure Rules] or the direction has not been complied with to the satisfaction of the court.

(5)Where in pursuance of subsection (1) a recording has been made of any examination of the witness, the witness may not be subsequently cross-examined or re-examined in respect of any evidence given by the witness in the proceedings (whether in any recording admissible under section 27 or this section or otherwise than in such a recording) unless the court gives a further special measures direction making such provision as is mentioned in subsection (1)(a) and (b) in relation to any subsequent cross-examination, and re-examination, of the witness.

(6)The court may only give such a further direction if it appears to the court—

(a)that the proposed cross-examination is sought by a party to the proceedings as a result of that party having become aware, since the time when the original recording was made in pursuance of subsection (1), of a matter which that party could not with reasonable diligence have ascertained by then, or

(b)that for any other reason it is in the interests of justice to give the further direction.

(7)Nothing in this section shall be read as applying in relation to any cross-examination of the witness by the accused in person (in a case where the accused is to be able to conduct any such cross-examination).

Textual Amendments

F1Words in s. 28(2) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(c); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

F2Words in s. 28(4) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(c); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

Commencement Information

I1Pt. 2 Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)

I2S. 28 in force at 30.12.2013 for specified purposes by S.I. 2013/3236, art. 2(1)

I3S. 28 in force at 2.1.2017 for specified purposes by S.I. 2016/1201, art. 2

I4S. 28 in force at 3.6.2019 for specified purposes by S.I. 2019/947, art. 2

I5S. 28 in force at 24.2.2020 for specified purposes by S.I. 2020/155, art. 2

I6S. 28 in force at 24.8.2020 for specified purposes by S.I. 2020/888, art. 2

I7S. 28 in force at 26.10.2020 for specified purposes by S.I. 2020/1159, art. 2

I8S. 28 in force at 23.11.2020 for specified purposes by S.I. 2020/1331, art. 2

I9S. 28 in force at 4.3.2021 for specified purposes by S.I. 2021/244, art. 2

I10S. 28 in force at 30.9.2021 for specified purposes by S.I. 2021/1036, art. 2

I11S. 28 in force at 31.3.2022 for specified purposes by S.I. 2022/456, art. 2

I12S. 28 in force at 4.4.2022 for specified purposes by S.I. 2022/456, art. 3

I13S. 28 in force at 11.4.2022 for specified purposes by S.I. 2022/456, art. 4

I14S. 28 in force at 12.5.2022 for specified purposes by S.I. 2022/536, art. 2

I15S. 28 in force at 8.6.2022 for specified purposes by S.I. 2022/623, arts. 1(2), 2

I16S. 28 in force at 29.6.2022 for specified purposes by S.I. 2022/713, arts. 1(2), 2

I17S. 28 in force at 11.7.2022 for specified purposes by S.I. 2022/773, arts. 1(2), 2

I18S. 28 in force at 18.7.2022 for specified purposes by S.I. 2022/773, arts. 1(2), 3

I19S. 28 in force at 9.9.2022 for specified purposes by S.I. 2022/951, art. 2

I20S. 28 in force at 26.9.2022 for specified purposes by S.I. 2022/992, art. 2

I21S. 28 in force at 1.2.2023 for specified purposes by S.I. 2023/100, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources