Victims and Witnesses of Crime Bill

CRIMINAL EVIDENCE AND PROCEDURE

Special measures in cases involving aggravation by hostility

24.—(1) The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

(2) In Article 3 (meaning of “sexual offence” and other references to offences), after paragraph (1A) insert—

“(1B) In this Order “an offence involving aggravation by hostility” means an offence of any kind in respect of which an allegation that the offence is aggravated by hostility is specified alongside the charge of the offence in accordance with section 33(1) of the Criminal Justice (Sentencing etc) Act 2027.”.

(3) In Article 5(5) (offences where witnesses are eligible for assistance with giving evidence), after sub-paragraph (d) add—

“(e) an offence involving aggravation by hostility (see Article 3(1B)).”.

Protection from cross-examination in cases involving aggravation by hostility

25.—(1) The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

(2) After Article 22B (complainants in proceedings involving stalking) insert—

“Complainants in proceedings involving aggravation by hostility

22C. No person charged with an offence involving aggravation by hostility (see Article 3(1B)) may in any criminal proceedings cross-examine in person a witness who is the complainant, either—

(a) in connection with the offence, or

(b) in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.”.

(3) In Article 23 (child complainants and other child witnesses)—

(a) in paragraph (3), after sub-paragraph (ce) insert—

“(cf) an offence involving aggravation by hostility (see Article 3(1B));”;

(b) in paragraph (4)(a), for “or (ce)” substitute “, (ce) or (cf)”.

(4) In Article 24 (direction prohibiting accused from cross-examining particular witnesses)—

(a) in paragraph (1), after “22B” insert “, 22C”;

(b) in paragraph (3)(e), after “22B”, in both places it occurs, insert “, 22C”.

(5) In Article 26(1) (defence representation for purposes of cross-examination), after “22B,” insert “22C,”.

(6) In Article 27(1) (warning to jury), after “22B,” insert “22C,”.

Protection of complainants in proceedings for sexual offences

26.—(1) After Article 27F of the Criminal Evidence (Northern Ireland) Order 1999 insert—

“Sexual offences: witness summons

Complainant participation on application for witness summons

27G.—(1) This Article applies where—

(a) a person is to be tried on indictment for a sexual offence,

(b) for the purpose of proceedings relating to the offence, an application is made to the Crown Court for a witness summons to be issued under section 51A of the Judicature (Northern Ireland) Act 1978,

and

(c) the evidence, document or thing whose giving or production is proposed to be required by the witness summons is or contains information—

(i) which relates to the complainant, and

(ii) which the complainant could have a reasonable expectation of privacy in relation to.

(2) The complainant—

(a) must be given an opportunity to make oral or written representations to the court about the application;

(b) is entitled to be present at any hearing of the application;

(c) is entitled to be legally represented at any hearing of the application, whether the complainant is present or not.

(3) Rules of court may—

(a) in such cases as the rules may specify, require the service of notice of the application on the complainant, together with an accompanying documents;

(b) make provision for the manner in which the service of notice of the application on the complainant may be effected;

(c) make provision for the manner in which confidential or sensitive information is to be treated in connection with the application, and in particular as to its being disclosed to, or withheld from, parties to the proceedings.

(4) In paragraphs (2) and (3), references to the application are to the application described in paragraph (1).”.

(2) Article 30 of the Criminal Evidence (Northern Ireland) Order 1999 (procedure on applications relating to complainant’s sexual history) is amended as follows.

(3) In paragraph (1), for “and in the absence of the complainant” substitute “(but this is subject to paragraph (1A))”.

(4) After that paragraph insert—

“(1A) The complainant—

(a) must be given an opportunity to make oral or written representations to the court about the application;

(b) is entitled to be present at any hearing of the application;

(c) is entitled to be legally represented at any hearing of the application, whether the complainant is present or not.”.

(5) In paragraph (3), after sub-paragraph (c) insert—

“(d) in such cases as the rules may specify, require the service of notice of an application for leave on the complainant, together with any accompanying documents;

(e) make provision for the manner in which the service of notice of an application for leave on the complainant may be effected.”.

Limitation of power to dismiss charges involving death or serious physical harm of a vulnerable person

27.—(1) The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

(2) In section 7 (evidence and procedure in cases of death: Northern Ireland), after subsection (3A) insert—

“(3B) Where the defendant has been committed for trial under Chapter 2 of Part 2 of the Justice Act (Northern Ireland) 2015, the charge of murder or manslaughter is not to be dismissed under section 14(2) of that Act unless the charge of the section 5 offence is also dismissed.”.

(3) In section 7A (evidence and procedure in cases of serious physical harm: Northern Ireland)—

(a) in subsection (1) for “(5)” substitute “(5A)”;

(b) after subsection (5) insert—

“(5A) Where the defendant has been committed for trial under Chapter 2 of Part 2 of the Justice Act (Northern Ireland) 2015, the charge of the relevant offence is not to be dismissed under section 14(2) of that Act unless the charge of the section 5 offence is also dismissed.”.