C1C2 PART IISPECIAL MEASURES DIRECTIONS IN CASE OF VULNERABLE AND INTIMIDATED WITNESSES
Pt. II applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 34(1)(2)63(2); S.I. 2016/553, reg. 2
Special measures
Evidence by live link12
1
A special measures direction may provide for the witness to give evidence by means of a live link.
F11A
Such a direction may also provide for a specified person to accompany the witness while the witness is giving evidence by live link.
1B
In determining who may accompany the witness, the court must have regard to the wishes of the witness.
2
Where a direction provides for the witness to give evidence by means of a live link, the witness may not give evidence in any other way without the permission of the court.
3
The court may give permission for the purposes of paragraph (2) if it appears to the court to be in the interests of justice to do so, and may do so either—
a
on an application by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or
b
of its own motion.
4
In paragraph (3) “the relevant time” means—
a
the time when the direction was given, or
b
if a previous application has been made under that paragraph, the time when the application (or last application) was made.
5
Where in proceedings before a magistrates' court—
a
evidence is to be given by means of a live link in accordance with a special measures direction, but
b
suitable facilities for receiving such evidence are not available at any court-house in which that court can (apart from this paragraph) lawfully sit,
the court may sit for the purposes of the whole or any part of those proceedings at a place designated by the Lord ChancellorF2, after consultation with the Lord Chief Justice, as a place having facilities to receive evidence given through a live link.
6
In this Part “live link” means a live television link or other arrangement whereby a witness, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the persons specified in Article 11(2)(a) to (c).
Pt. II applied (with modifications) (18.9.2006) by Anti-social Behaviour (Northern Ireland) Order 2004 (S.I. 2004/1988 (N.I. 12)), art. 6C(2)(3)(4) (as inserted by Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)), arts. 1(2)(a), 6); S.R. 2006/368, art. 2(a)