The Court Martial and Service Civilian Court (Youth Justice and Criminal Evidence Act 1999) Rules 2009

EXPLANATORY NOTE

(This note is not part of the Rules )

These Rules make provision for a range of measures designed to help young, disabled, vulnerable or intimidated witnesses give evidence in proceedings before the Court Martial and the Service Civilian Court. These measures are contained in Part 2 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the 1999 Act”), certain provisions of which are applied with modifications to, or modified in their effect for the purposes of, proceedings before service courts by the Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083).

Part 2 of these Rules deals with restrictions on cross-examination of a witness by a defendant acting in person. Rule 4 makes provision for the Director of Service Prosecutions to make an application to the judge advocate to give a direction that the defendant be prevented from cross-examining a witness. Rule 5 sets out the procedure for the judge advocate to explain to the defendant that he is prevented from cross-examining the witness and the procedure required for the defendant to appoint a legal representative to conduct the cross-examination. Rule 6 deals with the appointment of a legal representative by the judge advocate and rule 7 deals with the appointment of a legal representative by the defendant.

In Part 3 of these Rules, rule 8 makes provision for an application under section 41(2) of the 1999 Act for leave to adduce evidence or ask questions about a complainant’s sexual history.

Part 4 of these Rules contains provisions relating to applications for reporting directions in respect of adult witnesses under section 46 of the 1999 Act. Rule 9 provides for applications for a reporting direction to be made in writing or orally under rule 11. Rule 10 makes provision for any party to the proceedings to oppose an application and rule 11 makes provision for urgent applications to be made in exceptional circumstances. Rule 12 contains provision for applications to be made for an excepting direction to dispense with the restrictions imposed by a reporting direction. Rule 13 contains provisions relating to applications for the revocation of reporting directions or the variation or revocation of an excepting direction and rule 14 contains provision for applications for an extension of time. Rule 15 sets out the procedure for determining applications for reporting directions.

In Part 5 of these Rules, rule 16 revokes existing evidence rules for court-martial proceedings and proceedings in the Standing Civilian Court.