The Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002

Application for special measures direction

2.—(1) An application by a party in any criminal proceedings for the court to give a special measures direction under section 19 of the Act must be made in writing in the form prescribed in the Schedule to these Rules or a form to the like effect.

(2) If the application is for a special measures direction—

(a) enabling a witness to give evidence by means of a live link, the information sought in Part B of the form prescribed in the Schedule to these Rules must be provided;

(b) enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part C of that form must be provided.

(3) The application under paragraph (1) above must be sent to the appropriate officer of the Crown Court and at the same time a copy thereof must be sent by the applicant to every other party to the proceedings.

(4) The application must be received by the appropriate officer within 28 days of—

(a) the committal of the defendant; or

(b) the consent to the preferment of a bill of indictment in relation to the case; or

(c) the service of a notice of transfer under section 53 of the Criminal Justice Act 1991(1); or

(d) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998(2), the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to that Act; or

(e) the service of a Notice of Appeal from a decision of a youth court or a magistrates' court.

(5) A party to whom an application is sent in accordance with paragraph (3) above may oppose the application for a special measures direction in respect of any, or any particular, measure available in relation to the witness, whether or not the question whether the witness is eligible for assistance by virtue of section 16 or 17 of the Act is in issue.

(6) A party who wishes to oppose the application must, within 14 days of the date the application was served on him, notify the applicant and the appropriate officer of the Crown Court in writing of his opposition and give reasons for it.

(7) In order to comply with paragraph (6) above—

(a) a party must in the written notification state whether he—

(i) disputes that the witness is eligible for assistance by virtue of section 16 or 17 of the Act;

(ii) disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence; and

(iii) opposes the granting of a special measures direction; and

(b) where the application relates to the admission of a video recording, a party who receives a recording must provide the information required by rule 8(5) below.

(8) Except where notice is received in accordance with paragraph (6) above, the court may—

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

(9) Where a party to the proceedings notifies the appropriate officer of the Crown Court in accordance with paragraph (6) above of his opposition to the application, the court must direct a hearing of the application.

(10) Where a hearing of the application is to take place in accordance with paragraph (8) or (9) above, the appropriate officer of the Crown Court shall notify each party to the proceedings of the time and place of the hearing.

(11) A party notified in accordance with paragraph (10) above may be present at the hearing and be heard.

(12) The appropriate officer of the Crown Court must, within 3 days of the decision of the Crown Court in relation to an application under paragraph (1) above being made, notify all the parties of the decision, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification must state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence.

(1)

1991 c. 53.

(2)

1998 c. 37.