PART 29SPECIAL MEASURES DIRECTIONS

Late applications29.3

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.]