S.I. No. 66/1997 - Criminal Evidence Act, 1992 (Sections 14 and 19) (Commencement) Order 1997.


S.I. No. 66 of 1997.

CRIMINAL EVIDENCE ACT, 1992 (SECTIONS 14 AND 19) (COMMENCEMENT) ORDER 1997.

I, NORA OWEN, Minister for Justice, in exercise of the powers conferred on me by section 1 (3) of the Criminal Evidence Act, 1992 (No. 12 of 1992), hereby order as follows:

1. This Order may be cited as the Criminal Evidence Act, 1992 (Sections 14 and 19) (Commencement) Order, 1997.

2. The 3rd day of March, 1997, is hereby fixed as the day on which the following sections of Part III of the Criminal Evidence Act, 1992 (No. 12 of 1992), shall come into operation—

( a ) section 14, and

( b ) section 19 in so far as it relates to the reference in it to section 14 (1) (b).

GIVEN under my Official Seal, this 7th day of February, 1997.

NORA OWEN,

 Minister for Justice.

EXPLANATORY NOTE.

These Regulations bring into operation section 14 and section 19 (in so far as it relates to section 14) of the Criminal Evidence Act, 1992 .

Section 14 empowers the court, in physical or sexual abuse cases where evidence is being given through a television link by a person who is under 17, to appoint an intermediary to convey questions to the witness if it is satisfied that it is in the interests of justice to do so having regard to the age or mental condition of the witness. If necessary, the intermediary may convey the meaning of the questions in a way which is appropriate to the age and mental condition of the witness. The intermediary must be a person whom the court considers competent to perform this function. Section 19 applies this section also to persons with mental handicap who are aged 17 or over.