Explanatory note

These Rules make provision for a range of measures designed to help young, disabled, vulnerable or intimidated witnesses give evidence in court-martial proceedings. These measures are contained in Part 2 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”), certain provisions of which are applied, with modifications, to courts-martial proceedings by the Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006 (S.I. 2006/2886).

Part 2 of these Rules contains provisions relating to applications for a special measures direction in the case of witnesses who require assistance on the grounds of age or incapacity or on the grounds of fear or distress about testifying. These measures include the use of screens, live television links and video-recorded evidence. Rule 2 provides for an application for a special measures direction to be made in the form prescribed in Schedule 1 to the Rules. Rule 3 provides rules for extending the time for making an application and rule 4 provides for late applications. Rule 5 provides for an application to be made to vary or discharge a special measures direction which has already been made and rule 6 provides for renewal applications where a material change of circumstances has occurred since an application was refused. Additional requirements are imposed where the application relates either to the giving of evidence by means of live television link (rule 7) or the admission of a video recording of an interview with a witness as evidence in chief of the witness (rule 8). Rule 9 provides for the mutual disclosure between parties of expert evidence to be adduced in connection with the application for the special measures direction and rule 10 sets out the declaration required to be made by an intermediary.

Part 3 of these Rules deals with restrictions on cross-examination of a witness by an accused acting in person. Rule 11 sets out the procedure for the judge advocate to notify the accused that he is prevented from cross-examining the witness and the procedure required for the accused to appoint a legal representative to conduct the cross-examination. Rule 12 deals with the appointment of a legal representative by the judge advocate and rule 13 deals with the appointment of that legal representative by the accused. Rule 14 makes provision for the prosecutor to make an application to the judge advocate to give a direction that the accused be prevented from cross-examining a witness.

In Part 4 of these Rules, rule 15 makes provision for an application under section 41(2) of the Act for leave to adduce evidence or ask questions about a complainant’s sexual history.

Part 5 of these Rules contains provisions relating to applications for reporting directions in respect of adult witnesses under section 46 of the Act. Rule 16 provides for applications for a reporting direction to be made using Form A to Schedule 2 of the Rules or orally. Rule 17 makes provision for any party to the proceedings to oppose an application and rule 18 makes provision for urgent applications to be made in exceptional circumstances. Rule 19 contains provision for applications to be made (using Form B to Schedule 2 of the Rules) for an excepting direction to dispense with the restrictions imposed by a reporting direction. Rule 20 contains provisions relating to applications for the revocation of reporting directions or the variation or revocation of an excepting direction and rule 21 contains provision for applications for an extension of time. Rule 22 sets out the procedure for determining applications for reporting directions.

Rules 23 and 24 contain consequential revocations and amendments to existing courts-martial rules.