{
  "url": "https://openlegislation.uk/courts-martial-royal-navy-army-and-royal-air-force-evidence-rules-2006/article-4",
  "json_url": "https://openlegislation.uk/courts-martial-royal-navy-army-and-royal-air-force-evidence-rules-2006/article-4.json",
  "legislation": "uksi/2006/2889",
  "legislation_title": "The Courts-Martial (Royal Navy, Army and Royal Air Force) (Evidence) Rules 2006",
  "legislation_url": "https://openlegislation.uk/courts-martial-royal-navy-army-and-royal-air-force-evidence-rules-2006",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Late applications",
  "text": "(1) Notwithstanding the requirements of rule 2—\n(a) an application may be made for a special measures direction orally at the trial; or\n(b) the judge advocate may of his own motion raise the issue whether a special measures direction should be given.\n(2) Where an application is made in accordance with paragraph (1)(a)—\n(a) the applicant must state the reasons for the late application; and\n(b) the judge advocate must be satisfied that the applicant was unable to make the application in accordance with rule 2.\n(3) The judge advocate shall determine before making a special measures direction—\n(a) whether to allow other parties to the proceedings to make representations on the question;\n(b) the time allowed for making such representations (if any); and\n(c) whether the question should be determined following a hearing at which the parties to the proceedings may be heard.\n(4) Paragraphs (2) and (3) do not apply in respect of an application made orally at the trial for a special measures direction—\n(a) enabling a child witness in need of special protection to give evidence by means of a live link; or\n(b) enabling a video recording of such a child to be admitted as evidence in chief of the witness,\nif the opposition is that the special measures direction will not maximise the quality of the witness’s evidence.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/2889/article/4",
    "retrieved_at": "2026-10-29T04:17:05.180401+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}