Special Procedure with regard to Offences specified in First ScheduleE+W
F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F1S. 40 repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6)(7), Sch. 12 para. 3, Sch.15 (with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2).
41 Power to proceed with case in absence of child or young person.E+W
Where in any proceedings with relation to any of the offences mentioned in the First Schedule to this Act, the court is satisfied that the attendance before the court of any child or young person in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case, the case may be proceeded with and determined in the absence of the child or young person.
42 Extension of power to take deposition of child or young person.E+W
(1)Where a justice of the peace is satisfied by the evidence of a duly qualified medical practitioner that the attendance before a court of any child or young person in respect of whom any of the offences mentioned in the First Schedule to this Act is alleged to have been committed would involve serious danger to his life or health, the justice may take in writing the deposition of the child or young person on oath, and shall thereupon subscribe the depostion and add thereto a statement of his reason for taking it and of the day when and place where it was taken, and of the names of the persons (if any) present at the taking thereof.
(2)The justice taking any such deposition shall transmit it with his statement—
(a)if the deposition relates to an offence for which any accused person is already [F2sent] for trial, to the proper officer of the court for the trial at which the accused person has been [F2sent; and
(b)in any other case, to the [F3proper officer] of the court before which proceedings are pending in respect of the offence.]
Textual Amendments
F2Word in s. 42(2)(a) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 33; S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F3Words in s. 42(2)(b) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 paras. 8, 9 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
43 Admission of deposition of child or young person in evidence.E+W
Where, in any proceedings in respect of any of the offences mentioned in the First Schedule of this Act, the court is satisfied by the evidence of a duly qualified medical practitioner that the attendance before the court of any child or young person in respect of whom the offence is alleged to have been committed would involve serious danger to his life or health, any deposition of the child or young person taken under the M1Indictable Offences Act 1848, or this Part of this Act, shall be admissible in evidence either for or against the accused person without further proof thereof if it purports to be signed by the justice by or before whom it purports to be taken:
Provided that the deposition shall not be admissible in evidence against the accused person unless it is proved that reasonable notice of the intention to take the deposition has been served upon him and that he or his [F4legal representative] had, or might have had if he had chosen to be present, an opportunity of cross-examining the child or young person making the deposition.
Textual Amendments
F4Words in s. 43 substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 17 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
Marginal Citations