New S.28 YJCEA 1999 provisions

Pre-recorded cross-examination/re-examination

With effect from 24th August 2020, the provisions which govern the use of pre-recorded cross-examination and re-examination pursuant to S. 28 of the Youth Justice and Criminal Evidence Act 1999, have been updated.

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 18) Order 2020 can be found here.

The Order contains an Explanatory Note – essentially, a further sixteen Crown Courts are affected by the new Order which will apply where a witness is eligible for assistance by virtue of section 16 of the Act (a) (witnesses eligible for assistance on grounds of age or incapacity).

HMCTS has published FAQ’s dated August 2020 reading to s.16 YJCEA 1999 vulnerable witnesses only.