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The Magistrates' Courts (Special Measures Directions) Rules 2002

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Late applications

4.—(1) Notwithstanding the requirements of rule 2 above—

(a)an application may be made for a special measures direction orally at the trial; or

(b)the court may of its own motion raise the issue whether a special measures direction should be given.

(2) Where an application is made in accordance with paragraph (1)(a) above—

(a)the applicant must state the reasons for the late application; and

(b)the court must be satisfied that the applicant was unable to make the application in accordance with rule 2 above.

(3) The court shall determine before making a special measures direction—

(a)whether to allow other parties to the proceedings to make representations on the question;

(b)the time allowed for making such representations (if any); and

(c)whether the question should be determined following a hearing at which the parties to the proceedings may be heard.

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