The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 26) Order 2022 has expanded the availability of section 28 directions under this Act. Section 28 directions relate to the use of pre-recorded cross-examination and re-examination special measures directions in Crown Court Proceedings.
Article 2 of this Order makes provision for the coming into force of section 28 of the Act on 11th July 2022 for the purposes of proceedings before the Crown Court sitting at Caernarfon, Cardiff, Merthyr Tydfil, Mold, Newport, Preston (Sessions House), and Swansea, where a witness is eligible for assistance by virtue of section 17(4) of the Act (complainants in respect of a sexual offence or modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences). Article 3 of this Order makes provision for the coming into force of section 28 of the Act on 18th July 2022 for the purposes of proceedings before the Crown Court sitting at Birmingham, Coventry, Derby, and Wolverhampton, where a witness is eligible for assistance by virtue of section 17(4) of the Act (complainants in respect of a sexual offence or modern slavery offence who are witnesses in proceedings relating to that offence or that offence and any other offences).
S.I. 2019/947 brought section 28 into force in relation to proceedings before the Crown Court sitting at Kingston-upon-Thames, Leeds, and Liverpool, where the witness is eligible for special measures under section 17(4) of the Act.
S.I. 2021/1036 brought section 28 into force in relation to proceedings before the Crown Court sitting at Durham, Harrow, Isleworth, and Wood Green, where the witness is eligible for special measures under section 17(4) of the Act.
S.I. 2022/456 brought section 28 into force in relation to proceedings before the Crown Court sitting at Great Grimsby Combined Court, Bradford, Teesside, Kingston-upon-Hull Combined Court Centre, and York, where the witness is eligible for special measures under section 17(4) of the Act.
S.I. 2022/536 brought section 28 into force in relation to proceedings before the Crown Court sitting at Sheffield, Newcastle-upon-Tyne, Doncaster, Portsmouth, Southampton, Winchester, Truro, Bristol, Plymouth, Isle of Wight, Gloucester, Bournemouth, Exeter, and Salisbury, where the witness is eligible for special measures under section 17(4) of the Act.
S.I. 2022/623 brought section 28 into force in relation to proceedings before the Crown Court sitting at Stafford, Stoke-on-Trent, Shrewsbury, Hereford, Worcester, Warwick, Nottingham, Lincoln, Leicester, Northampton, and Taunton, where the witness is eligible for special measures under section 17(4) of the Act.
S.I. 2022/713 brought section 28 into force in relation to proceedings before the Crown Court sitting at Bolton, Burnley, Preston, Carlisle, Lancaster, Chester, Swindon, Warrington, and Manchester.
For more information, our previous legal update on the recent amendments to the criminal practice direction and section 28 directions is here.