Article 78B Extension of provisions of rule 78A to certain witnesses over 18F1

United Kingdom

(1)

Rule 78(1) and 78A(1) to (3) and (6), so far as relating to the giving of a direction complying with the requirement contained in rule 78A(2), apply to a qualifying witness in respect of a relevant recording made in relation to the witness, as they apply to a child witness (within the meaning of rule 78A).

(2)

In this rule—

(a)

a witness (other than the defendant) is a “qualifying witness” if the witness—

(i)

is not an eligible witness, but

(ii)

was under the age of 18 when the relevant recording was made in relation to the witness; and

(b)

a “relevant recording”, in relation to a witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.

Annotations

Textual amendments

F1: Rules 78A, 78B inserted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 20