Part II Giving of evidence or information for purposes of criminal proceedings
C1Chapter II Protection of witnesses from cross-examination by accused in person
Prohibition imposed by court
I136 Direction prohibiting accused from cross-examining particular witness.
1
This section applies where, in a case where neither of sections 34 and 35 operates to prevent an accused in any criminal proceedings from cross-examining a witness in person—
a
the prosecutor makes an application for the court to give a direction under this section in relation to the witness, or
b
the court of its own motion raises the issue whether such a direction should be given.
2
If it appears to the court—
a
that the quality of evidence given by the witness on cross-examination—
i
is likely to be diminished if the cross-examination (or further cross-examination) is conducted by the accused in person, and
ii
would be likely to be improved if a direction were given under this section, and
b
that it would not be contrary to the interests of justice to give such a direction,
the court may give a direction prohibiting the accused from cross-examining (or further cross-examining) the witness in person.
3
In determining whether subsection (2)(a) applies in the case of a witness the court must have regard, in particular, to—
a
any views expressed by the witness as to whether or not the witness is content to be cross-examined by the accused in person;
b
the nature of the questions likely to be asked, having regard to the issues in the proceedings and the defence case advanced so far (if any);
c
any behaviour on the part of the accused at any stage of the proceedings, both generally and in relation to the witness;
d
any relationship (of whatever nature) between the witness and the accused;
e
whether any person (other than the accused) is or has at any time been charged in the proceedings with a sexual offence or an offence to which section 35 applies, and (if so) whether section 34 or 35 operates or would have operated to prevent that person from cross-examining the witness in person;
f
any direction under section 19 which the court has given, or proposes to give, in relation to the witness.
4
For the purposes of this section—
a
“witness”, in relation to an accused, does not include any other person who is charged with an offence in the proceedings; and
b
any reference to the quality of a witness’s evidence shall be construed in accordance with section 16(5).
Pt. II Chs. I-III amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2