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29.3.—(1) Notwithstanding the requirements of rule 29.1—
(a)an application may be made for a special measures direction orally at the trial; or
(b)a magistrates' court or the Crown Court may of its own motion raise the issue whether a special measures direction should be given.
(2) Where an application is made in accordance with paragraph (1)(a)—
(a)the applicant must state the reasons for the late application; and
(b)the court must be satisfied that the applicant was unable to make the application in accordance with rule 29.1.
(3) The court shall determine before making a special measures direction—
(a)whether to allow other parties to the proceedings to make representations on the question;
(b)the time allowed for making such representations (if any); and
(c)whether the question should be determined following a hearing at which the parties to the proceedings may be heard.
(4) Paragraphs (2) and (3) do not apply in respect of an application made orally at the trial for a special measures direction—
(a)enabling a child witness in need of special protection to give evidence by means of a live link; or
(b)enabling a video recording of such a child to be admitted as evidence in chief of the witness,
if the opposition is that the special measures direction will not maximise the quality of the witness’s evidence.
[Note. Formerly rule 4 of the Magistrates' Courts (Special Measures Directions) Rules 2002 and rule 4 of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002.]
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