The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 76 E+W PROCEEDINGS UNDER THE PREVENTION OF TERRORISM ACT 2005

Textual Amendments

F1 Pt. 76 inserted (14.3.2005) by The Civil Procedure (Amendment No. 2) Rules 2005 (S.I. 2005/656), rule 1, Sch.

SECTION 5 E+W General provisions

Modification of the general rules of evidence and disclosure E+W

76.26.— (1) Part 31 (disclosure and inspection of documents), Part 32 (evidence) and Part 33 (miscellaneous rules about evidence) do not apply to any proceedings to which this Part applies.

(2) Subject to the other rules in this Part, the evidence of a witness may be given either—

(a) orally, before the court; or

(b) in writing, in which case it shall be given in such manner and at such time as the court directs.

(3) The court may also receive evidence in documentary or any other form.

(4) The court may receive evidence that would not, but for this rule, be admissible in a court of law.

(5) Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which he and his legal representative are not excluded.

[F2 (5A) A special advocate shall be entitled to adduce evidence and to cross-examine witnesses.]

(6) The court may require a witness to give evidence on oath.]

Textual Amendments

F2 Rule 76.26(5A) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 16(d)