Criminal Justice (Miscellaneous Provisions) Act 2023
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PART 9 Miscellaneous | ||
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Amendment of Criminal Evidence Act 1992 | ||
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60. The Criminal Evidence Act 1992 is amended— | ||
(a) in section 12(1), in the definition of “relevant offence”— | ||
(i) by the insertion of the following paragraph after paragraph (b): | ||
“(ba) an offence under section 10 (amended by section 23 of the Criminal Justice (Miscellaneous Provisions) Act 2023) of the Non-Fatal Offences against the Person Act 1997 ;”, | ||
(ii) by the insertion of the following paragraph after paragraph (da): | ||
“(db) an offence under section 44 (1) of the Criminal Justice (Miscellaneous Provisions) Act 2023;”, | ||
and | ||
(iii) in paragraph (e), by the substitution of “(ba), (c), (d), (da) or (db)” for “(c), (d) or (da)”, | ||
and | ||
(b) in section 14C— | ||
(i) in subsection (2)— | ||
(I) in paragraph (a), by the substitution of “relevant offence” for “sexual offence”, and | ||
(II) by the substitution of the following paragraph for paragraph (b): | ||
“(b) a victim of the relevant offence who has attained the age of 18 years is to give evidence,”, | ||
and | ||
(ii) by the insertion of the following subsection after subsection (2): | ||
“(2A) The court, in performing its functions under subsection (2), shall have regard to the need to protect the victim from secondary and repeat victimisation, intimidation or retaliation, taking into account— | ||
(a) the nature and circumstances of the case, and | ||
(b) the personal characteristics of the victim.”. |