The Criminal Procedure Rules 2020

[F1 Content of application for a live link direction E+W

3.36.— (1) An applicant for a live link direction under section 51 of the Criminal Justice Act 2003 must—

(a) apply in writing as soon as reasonably practicable;

(b) serve the application on—

(i) the court officer, and

(ii) each other party; and

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

(2) The application must—

(a) specify the hearing or hearings in respect of which the applicant wants the direction to apply;

(b) identify each person to whom the applicant wants the direction to apply and specify—

(i) each one whom the applicant wants to give evidence by live link, and

(ii) each one whom the applicant wants to take part by live link without giving evidence;

(c) in respect of each such person, specify the type of live link proposed (either video or audio);

(d) unless the court otherwise directs, identify the place where each such person will take part if the direction is given;

(e) identify any material circumstances relating to—

(i) the availability of the proposed participant by live link,

(ii) any potential need for that participant to attend in person, not by live link,

(iii) any views which that participant may have expressed,

(iv) the suitability of the facilities at the place where that participant would take part by live link if the direction were given,

(v) any permission needed from a court or other authority in a place outside the United Kingdom from where, if the direction were given, the participant would take part by live link, and

(vi) that participant’s ability to take part effectively if the direction were given;

(f) if the proposed direction is for a person to give evidence by live link, identify any material circumstances relating to—

(i) the importance of that person’s evidence to the case, and

(ii) any potential for the proposed direction to inhibit a party from effectively testing that evidence;

(g) explain why it is in the interests of justice for each proposed participant by live link to take part by those means; and

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

(i) name that other person, if possible, and

(ii) explain why it is appropriate for that witness to be accompanied, including the witness’ own views.]

Textual Amendments

F1 Rules 3.35-3.39 and cross-heading inserted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(b), 5(f)