The Standing Civilian Courts (Evidence) Rules 2006

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules make provision for a range of measures designed to help young, disabled, vulnerable or intimidated witnesses give evidence in proceedings in the Standing Civilian Court. These measures are contained in Part 2 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”), certain provisions of which are applied, with modifications, to proceedings in the Standing Civilian Court by the Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006 (S.I. 2006/2888).

Part 2 of these Rules contains provisions relating to applications for a special measures direction in the case of witnesses who require assistance on the grounds of age or incapacity or on the grounds of fear or distress about testifying. These measures include the use of screens, live television links and video-recorded evidence. Rule 2 provides for an application for a special measures direction to be made in the form prescribed in Schedule 1 to the Rules. Rule 3 provides rules for extending the time for making an application for a special measures direction and rule 4 provides for late applications. Rule 5 provides for an application to be made to vary or discharge a special measures direction which has already been made and rule 6 provides for renewal applications where a material change of circumstances has occurred since an application was refused. Additional requirements are imposed where the application relates either to the giving of evidence by means of live television link (rule 7) or the admission of a video recording of an interview with a witness as evidence in chief of the witness (rule 8). Rule 9 provides for the mutual disclosure between parties of expert evidence to be adduced in connection with the application for the special measures direction and rule 10 sets out the declaration required to be made by an intermediary.

Part 3 of these Rules contains provisions relating to applications for reporting directions in respect of adult witnesses under section 46 of the Act. Rule 11 provides for applications for a reporting direction to be made using Form A to Schedule 2 of the Rules or orally. Rule 12 makes provision for any party to the proceedings to oppose an application and rule 13 makes provision for urgent applications to be made in exceptional circumstances. Rule 14 contains provision for applications to be made (using Form B to Schedule 2 of the Rules) for an excepting direction to dispense with the restrictions imposed by a reporting direction. Rule 15 contains provisions relating to applications for the revocation of reporting directions or the variation or revocation of an excepting direction and rule 16 contains provision for applications for an extension of time. Rule 17 sets out the procedure for determining applications for reporting directions.

Rule 18 contains a consequential revocation to the Standing Civilian Courts Order 1997 (S.I. 1997/172).