Rule 6B [ Application for special measures direction

Any party to an appeal arising out of criminal proceedings in a magistrates’ court may apply for a special measures direction under Article 7 of the 1999 Order by giving notice in Form 137A.

If the application is for a special measures direction—

An application under paragraph (1) shall be made within 14 days from the date of the service of notice of appeal from a decision of a magistrates’ court.

The notice under paragraph (1) shall be served on the chief clerk F1..., and at the same time a copy thereof shall be served by the applicant on every other party to the appeal.

Any party on whom a copy of a notice under paragraph (1) is served may oppose the application for a special measures direction in respect of any measure available in relation to the witness, whether or not the question whether the witness is eligible for assistance by virtue of [^f1 Article 4 or 5) of the 1999 Order is in issue.

Any party who wishes to oppose the application shall, within 7 days of the date the notice was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.

In order to comply with paragraph (6)—

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

Where a party to the appeal notifies the chief clerk in accordance with paragraph (6) of his opposition to the application, the court shall direct a hearing of the application.

Where a hearing of the application is to take place in accordance with paragraph (8) or (9), the chief clerk shall notify each party to the appeal of the time and place of the hearing.

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

The chief clerk shall, as soon as reasonably practicable, notify all the parties of the decision in Form 137B, 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.