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The Criminal Evidence (Northern Ireland) Order 1999

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The Criminal Evidence (Northern Ireland) Order 1999 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.Meaning of “sexual offence” and other references to offences

    4. 3A.Meaning of offence involving domestic abuse” etc.

  3. PART II SPECIAL MEASURES DIRECTIONS IN CASE OF VULNERABLE AND INTIMIDATED WITNESSES

    1. Preliminary

      1. 4.Witnesses eligible for assistance on grounds of age or incapacity

      2. 5.Witnesses eligible for assistance on grounds of fear or distress about testifying

      3. 6.Special measures available to eligible witnesses

    2. Special measures directions

      1. 7.Special measures direction relating to eligible witness

      2. 8.Further provisions about directions: general

      3. 9.Special provisions relating to child witnesses

      4. 10.Extension of provisions of Article 9 to certain witnesses over 18

      5. 10A.Special provisions relating to sexual offences

    3. Special measures

      1. 11.Screening witness from accused

      2. 12.Evidence by live link

      3. 13.Evidence given in private

      4. 14.Removal of wigs and gowns

      5. 15.Video recorded evidence in chief

      6. 16.Video recorded cross-examination or re-examination

      7. 17.Examination of witness through intermediary

      8. 18.Aids to communication

    4. Supplementary

      1. 19.Status of evidence given under this Part

      2. 20.Warning to jury

      3. 21.Interpretation etc. of Part II

  4. PART 2A USE OF LIVE LINK AND INTERMEDIARY FOR EVIDENCE OF CERTAIN ACCUSED PERSONS

    1. 21A.Live link directions

    2. 21B.Meaning and effect of live link.

    3. 21BA.Examination of accused through intermediary

    4. 21BB.Further provision as to directions under Article 21BA(3)

    5. 21C.Saving

  5. PART III PROTECTION OF WITNESSES FROM CROSS-EXAMINATION BY ACCUSED IN PERSON

    1. General prohibitions

      1. 22.Complainants in proceedings for sexual offences

      2. 22A.Complainants in proceedings involving domestic abuse

      3. 22B.Complainants in proceedings involving stalking

      4. 23.Child complainants and other child witnesses

    2. Prohibition imposed by court

      1. 24.Direction prohibiting accused from cross-examining particular witness

      2. 25.Further provisions about directions under Article 24

    3. Cross-examination on behalf of accused

      1. 26.Defence representation for purposes of cross-examination

      2. 27.Warning to jury

  6. PART IV PROTECTION OF COMPLAINANTS IN PROCEEDINGS FOR SEXUAL OFFENCES

    1. Serious sexual offences: exclusion of public from court

      1. 27A.Exclusion of public from trial

      2. 27B.Nomination etc of persons to be excepted from exclusion

      3. 27C.Variation of exclusion directions given under Article 27A

      4. 27D.Exclusion directions under Article 27A: general

      5. 27E.Exclusion of public from appeal hearing

      6. 27F.Exclusion from appeal hearings: further provision

    2. Sexual offences: restriction on certain evidence and questions

      1. 28.Restriction on evidence or questions about complainant's sexual history

      2. 29.Interpretation and application of Article 28

      3. 30.Procedure on applications under Article 28

  7. PART V COMPETENCE OF WITNESSES AND CAPACITY TO BE SWORN

    1. Competence of witnesses

      1. 31.Competence of witnesses to give evidence

      2. 32.Determining competence of witnesses

    2. Giving of sworn or unsworn evidence

      1. 33.Determining whether witness to be sworn

      2. 34.Reception of unsworn evidence

      3. 35.Penalty for giving false unsworn evidence

  8. PART VI RESTRICTIONS ON USE OF EVIDENCE

    1. 36.Inferences from silence not permissible where no prior access to legal advice

    2. 37.Removal of restriction on use of evidence from computer records

  9. PART VII FINAL PROVISIONS

    1. 38.Orders

    2. 39.General supplementary provisions

    3. 40.Minor and consequential amendments, transitional provisions and repeals

  10. SCHEDULES

    2. SCHEDULE 2

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. Interpretation (1) In this Schedule— “the 1989 Order” means the Police...

        1. Interpretation

          1. 1.(1) In this Schedule— “the 1989 Order” means the Police...

        2. Special measures under Part II

          1. 2.(1) A special measures direction may be given in relation...

        3. Protection of witnesses from cross-examination by accused in person

          1. 3.Nothing in Part III applies in relation to proceedings instituted...

        4. Protection of complainants in proceedings for sexual offences

          1. 4.(1) Nothing in Part IV applies in relation to continuing...

        5. Competence of witnesses and capacity to be sworn

          1. 5.Nothing in Part V applies in relation to proceedings instituted...

        6. Inferences from silence

          1. 6.The amendments made by Article 36— (a) apply only to...

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