Serious Organised Crime and Police Act 2005 Explanatory Notes

Section 143: Special measures for witnesses in proceedings for anti-social behaviour orders etc.

358.This section amends the Crime and Disorder Act 1998 by inserting a new section 1I. Subsection (2) of new section 1I makes provision for special measures directions, as set out in Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999, to be made in proceedings relating to anti-social behaviour orders. These proceedings are listed in subsection (1). They are proceedings in a magistrates’ court on application for an anti-social behaviour order, proceedings in a magistrates’ court or Crown Court on application for an anti-social behaviour order following conviction, and proceedings in a magistrates’ court on application for an interim anti-social behaviour order. At present special measures directions under the Youth Justice and Criminal Evidence Act apply to vulnerable and intimidated witnesses in the context of criminal proceedings only.

359.Subsection (4) of new section 1I provides for the appropriate rules of court to apply, subject to any modification provided for by the rules.

360.Subsection (5) of new section 1I applies sections 47, 49 and 51 of the Youth Justice and Criminal Evidence Act 1999. These sections relate to restrictions on reporting special measures directions and associated offences.

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