The Magistrates' Courts (Children and Young Persons) Rules 1992

Evidence through television link where witness is a child or is to be cross-examined after admission of a video recording

23.—(1) Any party may apply for leave under section 32(1)(b) of the Criminal Justice Act 1988(1) for evidence to be given through a live television link where—

(a) the offence charged is one to which section 32(2) of that Act applies, and

(b) the evidence is to be given by a witness who is either—

(i) in the case of an offence falling within section 32(2)(a) or (b) of that Act, under the age of 14,

(ii) in the case of an offence falling within section 32(2)(c) of that Act, under the age of 17, or

(iii) a person who is to be cross-examined following the admission under section 32A of that Act of a video recording of testimony from him,

and references in this Part to an offence include references to attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of that offence.

(2) An application under paragraph (1) above shall be made by giving notice in writing, which shall be in the form prescribed in Form 51 of Schedule 2 or a form to the like effect.

(3) An application under paragraph (1) above shall be made within 28 days after the date on which the defendant first appears or is brought before the court on an information charging him with the offence.

(4) The notice under paragraph (2) above shall be sent to the clerk to the court and at the same time a copy thereof shall be sent by the applicant to every other party to the proceedings.

(5) A party who receives a copy of a notice under paragraph (2) above and who wishes to oppose the application shall within 14 days notify the applicant and the clerk to the court, in writing, of his opposition, giving the reasons therefor.

(6) An application under paragraph (1) above shall be determined by a justice of the peace without a hearing, unless the justice otherwise directs, and the clerk to the court shall notify the parties of the time and place of any such hearing.

(7) The clerk to the court shall notify all the parties and the person who is to accompany the witness (if known) of the decision of the court in relation to an application under paragraph (1) above. Where leave is granted, the notification shall state—

(a) where the witness is to give evidence on behalf of the prosecutor, the name of the witness, and, if known, the name, occupation and relationship (if any) to the witness of the person who is to accompany the witness, and

(b) the location of the court at which the proceedings should take place.

(8) The period specified in paragraph (3) above may be extended, either before or after it expires, on an application made in writing, specifying the grounds of the application and sent to the clerk to the court and a copy of the application shall be sent by the applicant to every other party to the proceedings. The clerk to the court shall notify all the parties of the decision of the court.

(9) An application for extension of time under paragraph (8) above shall be determined by a justice of the peace without a hearing unless the justice otherwise directs.

(10) A witness giving evidence through a television link pursuant to leave granted under paragraph (7) above shall be accompanied by a person acceptable to a justice of the peace and, unless the justice of the peace directs, by no other person.

(1)

1988 c. 33; section 32(1) was amended by the Criminal Justice Act 1991 (c. 53), section 55(2).