The Criminal Procedure (Amendment) Rules 2010

Amendments to The Criminal Procedure Rules 2010

9.  In Part 29 (Measures to assist a witness or defendant to give evidence)—

(a) in the table of contents, after ‘rule 29.22’, insert—

(i) in the first column—

“Section 6: live link directions

Exercise of court’s powers

Content of application for a live link direction

Application to discharge a live link direction

Representations in response”, and

(ii) in the second column—

“rule 29.23

rule 29.24

rule 29.25

rule 29.26”;

(b) in rule 29.1 (When this Part applies)—

(i) for ‘29.1.—(1)’, substitute ‘29.1.’,

(ii) re-number paragraph ‘(e)’ as ‘(f)’, and

(iii) after paragraph ‘(d)’, insert—

“(e) where the court can give or discharge a direction (a ‘live link direction’), on an application or on its own initiative, for a witness to give evidence by live link under—

(i) section 32 of the Criminal Justice Act 1988(1), or

(ii) sections 51 and 52 of the Criminal Justice Act 2003(2);”;

(c) at the end of the note to rule 29.4 (Decisions and reasons), insert ‘and sections 51(8) and 52(7) of the Criminal Justice Act 2003(3)’;

(d) after rule 29.22 (Representations in response), insert—

“SECTION 6: LIVE LINK DIRECTIONS

[Note. The rules in Section 2 (general rules) also apply. The rules in this Section do not apply to an application for a special measures direction allowing a witness to give evidence by live link: as to which, see the rules in Section 3 (special measures directions).]

Exercise of court’s powers

29.23.   The court may decide whether to give or discharge a live link direction—

(a) at a hearing, in public or in private, or without a hearing;

(b) in a party’s absence, if that party—

(i) applied for the direction or discharge, or

(ii) has had at least 14 days in which to make representations.

Content of application for a live link direction

29.24.   An applicant for a live link direction must—

(a) unless the court otherwise directs, identify the place from which the witness will give evidence;

(b) if that place is in the United Kingdom, explain why it would be in the interests of the efficient or effective administration of justice for the witness to give evidence by live link;

(c) if the applicant wants the witness to be accompanied by another person while giving evidence—

(i) name that person, if possible, and

(ii) explain why it is appropriate for the witness to be accompanied;

(d) ask for a hearing, if the applicant wants one, and explain why it is needed.

[Note. See section 32 of the Criminal Justice Act 1988 and section 51 of the Criminal Justice Act 2003.

• The Practice Direction sets out a form of application for use in connection with this rule.]

Application to discharge a live link direction

29.25.— (1) A party who wants the court to discharge a live link direction must—

(a) apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The applicant must—

(a) explain what material circumstances have changed since the direction was given;

(b) explain why it is in the interests of justice to discharge the direction; and

(c) ask for a hearing, if the applicant wants one, and explain why it is needed.

[Note. See section 32(4) of the Criminal Justice Act 1988(4) and section 52(3) of the Criminal Justice Act 2003(5).]

Representations in response

29.26.— (1) This rule applies where a party wants to make representations about—

(a) an application for a live link direction;

(b) an application for the discharge of such a direction; or

(c) a direction or discharge that the court proposes on its own initiative.

(2) Such a party must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party;

(b) do so not more than 14 days after, as applicable—

(i) service of the application, or

(ii) notice of the direction or discharge that the court proposes; and

(c) ask for a hearing, if that party wants one, and explain why it is needed.

(3) Representations against a direction or discharge must explain, as applicable, why the conditions prescribed by the Criminal Justice Act 1988 or the Criminal Justice Act 2003 are not met.”; and

(e) after the summary at the end of Part 29 (Measures to assist a witness or defendant to give evidence), insert—

“Live link direction

Under section 32 of the Criminal Justice Act 1988, the court can allow a witness who is outside the United Kingdom to give evidence by live link—

(a) in proceedings in a youth court, or on appeal from such proceedings; or

(b) at a trial in the Crown Court, or on appeal from such a trial.

Under section 51 of the Criminal Justice Act 2003, on an application or on its own initiative, the court can allow a witness who is in the United Kingdom, but outside the building in which the proceedings are held, to give evidence by live link. The court must be satisfied that that is in the interests of the efficient or effective administration of justice.

If a witness is eligible for the assistance of a special measures direction (as to which, see the note above), the court can allow the witness to give evidence by live link under sections 19 and 24 of the Youth Justice and Criminal Evidence Act 1999(6). Section 3 of this Part contains relevant rules.”.

(1)

1988 c. 33; section 32 was amended by section 55 of the Criminal Justice Act 1991 (c. 53), section 29 of, and paragraph 16 of Schedule 2 to, the Criminal Appeal Act 1995 (c. 35), section 62 of the Criminal Procedure and Investigations Act 1996 (c. 25), section 67 of, and Schedule 6 and paragraph 3 of Schedule 7 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23) and paragraphs 24 and 26 of the Schedule to S.I. 2004/2035.

(2)

2003 c. 44.

(3)

2003 c. 44.

(4)

1988 c. 33; section 32(4) was amended by article 3 of, and paragraphs 24 and 26 of the Schedule to S.I. 2004/2035.

(5)

2003 c. 44.

(6)

1999 c. 23; section 24 was amended by paragraph 385 of Schedule 8 to, and Schedule 10 to, the Courts Act 2003 (c. 39) and is amended by section 102(1) of the Coroners and Justice Act 2009 (c. 25), with effect from a date to be appointed.