Statutory Instruments
2023 No. 100 (C. 8)
Criminal Procedure, England And Wales
The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 30) Order 2023
Made
31st January 2023
The Secretary of State, in exercise of the powers conferred by sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999( 1 ), makes the following Order:
Citation, interpretation and extent
1. —(1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 30) Order 2023.
(2) In this Order, “ the Act ” means the Youth Justice and Criminal Evidence Act 1999 .
(3) This Order extends to England and Wales.
Provision coming into force on 1st February 2023
2. —(1) In so far as it is not already in force, section 28 of the Act( 2 ) (video recorded cross-examination or re-examination) comes into force on 1st February 2023, in relation to relevant proceedings.
(2) Proceedings are relevant for the purposes of paragraph (1) if—
(a) the proceedings take place before the Crown Court sitting at a place in England and Wales determined in accordance with section 78(3) of the Senior Courts Act 1981( 3 ), and
(b) the witness is eligible for assistance by virtue of—
(i) section 16 of the Act( 4 ) (witnesses eligible for assistance on grounds of age or incapacity), or
(ii) section 17(4) of the Act( 5 ) (complainants in respect of a sexual offence or a modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences).
Edward Argar
Minister of State
Ministry of Justice
31st January 2023
1999 c. 23 ; section 64(4) was amended by section 165(4) and paragraph 1 of Part 1 of schedule 12 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) .
Section 28 was amended by paragraph 384(c) of Schedule 8 to the Courts Act 2003 (c. 39) .
Section 78 was amended by paragraph 134 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4) .
Section 16 was amended by section 98(2) of the Coroners and Justice Act 2009 (c. 25) .
Section 17(4) was amended by section 46(2) of the Modern Slavery Act 2015 (c. 30) and sections 90(6) and section 62(1) and (2)(b) of the Domestic Abuse Act 2021 (c. 17) and S.I. 2013/554 .