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The Police and Criminal Evidence (Northern Ireland) Order 1989
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The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 81 is up to date with all changes known to be in force on or before 11 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 81:
- various legislation applied by 2016 c. 18 (N.I.) s. 161(2)(a)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order applied by 2016 c. 18 (N.I.) s. 150(1)(a)
- Order excluded by 2012 c. 9 Sch. 1 para. 7(5)
- Order extended by 2003 c. 6 Sch. 4 para. 23A (as inserted) by S.I. 2007/912 (N.I.) Sch. 4 para. 5
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2A para. 1(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(a)(ii)
- Sch. 2A para. 2(2)(c) and word inserted by 2015 c. 9 (N.I.) s. 83(3)(b)(ii)
- Sch. 2A para. 9(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(c)(ii)
- Sch. 2A para. 10(5) inserted by 2015 c. 9 (N.I.) s. 83(3)(d)(ii)
- Sch. 2A para. 2(2)(b) words substituted by 2015 c. 9 (N.I.) s. 83(3)(b)(i)
- art. 62(10(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
- art. 3(9ZA)(9ZB) inserted by 2019 c. 17 s. 12(5)
- art. 19(1)(cc) inserted by S.I. 2007/916 (N.I.) art. 18(2)
- art. 53(3A)(3B) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 1(3)
- art. 53(3A) inserted by 2010 c. 17 s. 15(4)
- art. 53(4) inserted by 2010 c. 17 s. 9(6)
- art. 53B inserted by 2013 c. 7 (N.I.) Sch. 3 para. 3
- art. 56(13A)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(1)(b)
- art. 56(13A)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(1)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
- art. 56A(9)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(2)(b)
- art. 56A(9)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(2)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
- art. 61(5A) inserted by 2010 c. 17 s. 8(1)
- art. 61(5A)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
- art. 61(5B) inserted by 2010 c. 17 s. 8(2)
- art. 61(5B)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
- art. 61(5C) inserted by 2015 c. 9 (N.I.) s. 83(1)(b)
- art. 61(6)-(6ZD) substituted for art. 61(6) by 2010 c. 17 s. 8(3)
- art. 61(6D)-(6G) inserted by 2010 c. 17 s. 9(1)
- art. 61(6BA) inserted by 2008 c. 28 s. 12(2) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- art. 62(2A) (2B) inserted by 2010 c. 17 s. 9(2)
- art. 62(10)(ab) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 6(3)(b)
- art. 62(10)(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
- art. 63(3A)(c)(i) word substituted by 2013 c. 7 (N.I.) Sch. 3 para. 4
- art. 63(3B)-(3BD) substituted for art. 63(3B) by 2010 c. 17 s. 8(7)
- art. 63(3C) inserted by 2008 c. 28 s. 12(3) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- art. 63(3D)-(3G) inserted by 2010 c. 17 s. 9(4)
- art. 63(3AA) inserted by 2015 c. 9 (N.I.) s. 83(2)(c)
- art. 63(3ZA) inserted by 2010 c. 17 s. 8(5)
- art. 63(3ZA)(b)(iii) and word inserted by 2015 c. 9 (N.I.) s. 83(2)(a)
- art. 63A(1E) (1F) inserted by 2010 c. 17 s. 11(1)
- art. 63A(6A) inserted by 2008 c. 28 s. 12(4)(b) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- art. 63B-63R inserted by 2013 c. 7 (N.I.) Sch. 2
- art. 63D(1)(a) substituted by 2019 c. 3 Sch. 2 para. 5(2)(a)
- art. 63D(1)(a)(i) words inserted by S.I. 2023/1386 Sch. para. 9(5)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63D(14) words inserted by 2019 c. 3 Sch. 2 para. 5(2)(b)
- art. 63D(14) words inserted by S.I. 2023/1386 Sch. para. 9(5)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63N substituted by 2015 c. 9 (N.I.) s. 86
- art. 63R(4A) inserted by 2019 c. 3 Sch. 4 para. 20(9)
- art. 63R(4B) inserted by 2023 c. 32 Sch. 18 para. 5(8) (This amendment not applied to legislation.gov.uk. The insertion of art. 63R by 2013 c. 7 (N.I.) Sch. 2 remains prospective at 31.12.2023.)
- art. 63R(5) words substituted by 2015 c. 9 (N.I.) s. 87(a)
- art. 63R(5A)(5B) inserted by 2015 c. 9 (N.I.) s. 87(b)
- art. 63DA inserted by 2019 c. 3 Sch. 2 para. 5(3)
- art. 63DA heading words inserted by S.I. 2023/1386 Sch. para. 9(6)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63DA(1)(a) words inserted by S.I. 2023/1386 Sch. para. 9(6)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63DA(4) words inserted by S.I. 2023/1386 Sch. para. 9(6)(c) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63GA inserted by 2015 c. 9 (N.I.) s. 84
- art. 63KA inserted by 2015 c. 9 (N.I.) s. 85
- art. 64(1AA) inserted by 2008 c. 28 s. 12(5) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- art. 64(1AB) inserted by 2008 c. 28 s. 15(5)
- art. 89(2A) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 5
Evidence through television linksN.I.
F181.—(1) A person other than the accused may give evidence through a live television link [F2in proceedings to which paragraph (1A) applies] if—
(a)the witness is in Northern Ireland; and
(b)the witness—
(i)will not give evidence otherwise through fear, or
(ii)is [F2a child, or is to be cross-examined following the admission under Article 81A of a video recording of testimony from him, and the offence] is one to which paragraph (3) applies.
[F2(1A) This paragraph applies—
(a)F3... to trials on indictment, appeals to the Court of Appeal and hearings of references under [F4section 10 of the Criminal Appeal Act 1995];
(b)except in a case where paragraph (1)(b)(i) applies, to proceedings in [F5magistrates] courts and [F4, appeals to the county court arising out of such proceedings and hearings of references under section 12 of the Criminal Appeal Act 1995 so arising]; F6...
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(2) Evidence may not be given through a link by virtue of this Article without leave of the court.
(3) This paragraph applies—
(a)to an offence which involves an assault on, or injury or threat of injury to, a person;
(b)to an offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968F7;
(c)to a sexual offence F2. . . ; and
(d)to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within sub‐paragraph (a), (b) or (c).
[F8(3A) Where the court gives leave under paragraph (2) for a witness falling within paragraph (1)(b)(ii) to give evidence through a live television link, then, subject to paragraph (3B), the witness concerned may not give evidence otherwise than through a live television link.
(3B) In a case falling within paragraph (3A) the court may give permission for the witness to give evidence otherwise than through a live television link if it appears to the court to be in the interests of justice to give such permission.
(3C) Permission may be given under paragraph (3B)—
(a)on an application by a party to the case, or
(b)of the court’s own motion;
but no application may be made under sub-paragraph (a) unless there has been a material change of circumstances since the leave was given under paragraph (2).]
(4) Subject to Article 89, the Secretary of State may by order—
(a)direct that this Article shall apply—
(i)to a witness falling within head (i) or (ii) of paragraph (1)(b) who is in Great Britain, or
(ii)to any witness who is outside the United Kingdom; and
(b)provide that a statement made on oath by such a witness and given in evidence through a link by virtue of this Article shall be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979F9 as having been made in the proceedings in which it is given in evidence.
(5) Without prejudice to the generality of any statutory provision conferring power to make rules to which this paragraph applies, such rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Article.
(6) The rules to which paragraph (5) applies are—
(a)magistrates' courts rules;
[F2(aa)county court rules;]
(b)Crown Court rules; and
(c)rules of court.
(7) Where, F10... [F2in proceedings before a [F5magistrates] court or on an appeal to the county court arising out of such proceedings], a court grants leave for evidence to be given through a link by virtue of this Article—
(a)that court may, notwithstanding anything in [F2any statutory provision adjourn the investigation, inquiry, proceedings or appeal, as the case may require] and order that it be held at such time and at such designated place as may be specified in the order; and
(b)a court sitting at a designated place shall, by virtue of this paragraph, have jurisdiction F2. . . to deal with an offence in relation to which an investigation [F2or inquiry or any proceedings or appeal] is so adjourned.
(8) In paragraph (7) “designated place” means any place designated under this paragraph by the Lord Chancellor [F11, after consultation with the Lord Chief Justice,] as a place having facilities to receive evidence given through a link by virtue of this Article.
[F2(9) Paragraph (7) of Article 81A shall apply for the purposes of this Article as it applies for the purposes of that Article, but with the omission of the references to a person being, in the cases there mentioned, under the age of 15 years or under the age of 18 years.]
F1Art. 81 repealed (30.6.2003 and 1.12.2003 for certain purposes, otherwise prosp.) by Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 40(3), Sch. 3; S.R. 2003/323, art. 2, Sch.; S.R. 2003/476, art. 2
F3Words in art. 81(1A)(a) repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 11(b)(i); S.R. 2022/221, art. 2(d)
F6Art. 81(1A)(c) and word repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 11(b)(ii); S.R. 2022/221, art. 2(d)
F8Art. 81(3A)-(3C) inserted (4.7.1996 with application as mentioned in s. 62(3) of the amending Act) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 62(1) (as modified in its application to Northern Ireland by Sch. 4 para. 25)
F10Words in art. 81(7) repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 11(c); S.R. 2022/221, art. 2(d)
F11Words in art. 81(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 79; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(a)
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