The Criminal Procedure Rules 2015

Application to vary or discharge a defendant’s evidence direction

This section has no associated Explanatory Memorandum

18.16.—(1) A party who wants the court to vary or discharge a defendant’s evidence direction must—

(a)apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b)serve the application on—

(i)the court officer, and

(ii)each other party.

(2) The applicant must—

(a)on an application to discharge a live link direction, explain why it is in the interests of justice to do so;

(b)on an application to discharge a direction for an intermediary, explain why it is no longer necessary in order to ensure that the defendant receives a fair trial;

(c)on an application to vary a direction for an intermediary, explain why it is necessary for the direction to be varied in order to ensure that the defendant receives a fair trial; and

(d)ask for a hearing, if the applicant wants one, and explain why it is needed.

[Note. See sections 33A(7) and 33BB of the Youth Justice and Criminal Evidence Act 1999.]