Part II Giving of evidence or information for purposes of criminal proceedings

C1Chapter I Special measures directions in case of vulnerable and intimidated witnesses

Annotations:
Modifications etc. (not altering text)
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Pt. 2 Chs. 1-3 amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

Special measures

I124 Evidence by live link.

1

A special measures direction may provide for the witness to give evidence by means of a live link.

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 subsection (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 subsection (3) “the relevant time” means—

a

the time when the direction was given, or

b

if a previous application has been made under that subsection, the time when the application (or last application) was made.

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8

In this Chapter “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 section 23(2)(a) to (c).