Youth Justice And Criminal Evidence Act 1999
- Year: 1999
- Full text available: Here
Part 2, Chapter 1 of this Act allows a criminal court to take “special measures” in case of vulnerable and intimidated witnesses. This includes screening the witness from the accused, giving evidence by live link and the taking of video evidence.
Section 31 gives evidence given under special measures the same status as evidence given in the witness box. However the judge may give the jury a warning under section 32.
Chapter 2 of Part 2 protected a witness from cross examination by the accused. Section 34 says that no person charged with a sexual offence can cross examine the complainant. Section 35 has similar provisions for child witnesses.
Chapter 3, section 41 prevents questions being asked about a complainant’s sexual history in a sexual offence prosecution, without the permission of the court.
Chapter 4, section 44(2) places restrictions on media reporting of offences involving children. It states that no matter relating to any person involved in an offence shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as a person involved in the offence.
Subsection 7 says that a criminal court may dispense with a restriction.
Section 45 allows the court to restrict reporting of this kind of matter, if it feels that the reporting would lead to the identification of the child or young person in question.
Section 46 gives the court similar powers in relation to adult witnesses.
Section 54 allows the court to decide the competency of a witness.
