CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 58 Evidence of children in committal proceedings for sexual offences.

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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 58

Evidence of children in committal proceedings for sexual offences.

58.(1) In any proceedings before a magistrates' court conducting a preliminary
investigation into an indictable sexual offence

(a)a child shall not be called as a witness for the prosecution; but

(b)any statement made in writing by or taken in writing from the child shall
be admissible in evidence of any matter of which his oral testimony would be
admissible;

(2) Subsection (1) shall not apply

(a)where at or before the time when such a statement is tendered in evidence
the defence objects to the application of that subsection; or

(b)where the prosecution requires the attendance of the child for the purpose
of establishing the identity of any person; or

(c)where the court is satisfied that it has not been possible to obtain from
the child a statement that may be given in evidence under this section; or

(d)where the investigation into the offence takes place after the court has
discontinued, under section 53(2) of the Magistrates' Courts Act (Northern
Ireland) 1964, to try it summarily and the child has given evidence in the
summary trial.

(3) Where in the course of a preliminary investigation into an indictable
sexual offence a resident magistrate decides, under section 52 of the
Magistrates' Courts Act (Northern Ireland) 1964, to deal with the offence
summarily, a statement admitted in pursuance of subsection (1) shall be deemed
not to be evidence of the matters to which it relates.

(4) In this section "sexual offence" means any offence under

(a)section 48, 52, 53, 54, 55, 61 or 62 of the Offences against the Person Act
1861;

(b)the Criminal Law Amendment Act 1885;

(c)the Vagrancy Act 1898;

(d)the Punishment of Incest Act 1908;

(e)section 101 of the Mental Health Act (Northern Ireland) 1961; or

(f)section 21 or 22; [or

(g)Article 3(1)(a) of the Protection of Children (Northern Ireland) Order
1978;]

(5) Nothing in section 3 of the Criminal Procedure (Committal for Trial) Act
(Northern Ireland) 1968 shall apply to a statement to which subsection (1)
applies.

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Northern Irish Legislation

CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 58