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4. After Rule 53 there shall be inserted the following Rule—
53A.—(1) Application may be made to the court by the prosecutor or the accused for leave under section 32(1) of the Criminal Justice Act 1988 as applied with modifications for the purposes of proceedings before courts-martial by paragraph 8 of Schedule 13 to that Act and by the Criminal Justice Act 1988 (Application to Service Courts) (Evidence through Television Links) Order 1993, for evidence to be given through a live television link where—
(a)the witness is not in the country where the court is sitting; or
(b)the offence charged is one to which section 32(2) applies and the evidence is to be given by a witness who is either—
(i)in the case of an offence to which section 32(2)(a) or (b) applies, or which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within section 32(2)(a) or (b), under the age of 14; or
(ii)in the case of an offence to which section 32(2)(c) applies, or which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within section 32(2)(c), under the age of 17.
(2) A witness who is under the age of 14 shall, when giving evidence through a live television link, be accompanied by a person acceptable to the court and, unless the court otherwise directs, by no other person.”.
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