# The Criminal Appeal (Amendment) Rules 1992, Article 3


For rule 9A (e) of the principal rules, there shall be substituted the following rule:
“Evidence through television link where witness is a child or is to be cross-examined after admission of a video recording
9A (1) A party to an appeal who applies for leave to call a witness may also apply for leave under section 32(1)(b) of the Criminal Justice Act 1988 for the evidence of that witness to be given through a live television link where
(a) the offence charged is one to which section 32(2) applies; and
(b) the evidence is to be given by a witness who is either:
(i) in the case of an offence falling within section 32(2)(a) or (b), under the age of 14; or
(ii) in the case of an offence falling within section 32(2)(c), under the age of 17; or
(iii) a person who is to be cross-examined following the admission under section 32A of that Act of a video recording of testimony from him;
and references in this rule to an offence include references to attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, that offence.
(2) An application under paragraph (1) shall be made by serving a notice in writing on the Registrar which shall state:
(a) the grounds of the application,
(b) the date of birth of the witness,
(c) the name of the witness, and
(d) the name, occupation and relationship (if any) to the witness of any person proposed to accompany the witness and the grounds for believing that person should accompany the witness.
(3) An application under paragraph (1) shall be made at the same time as the application for leave to call the witness or at any time thereafter, but no less than 14 days before the date fixed for the hearing of the appeal except with the leave of the court.
(4) The Registrar shall, as soon as practicable after receiving an application under paragraph (1), send a copy of the notice to the other parties to the appeal.
(5) An application under paragraph (1) shall be determined without a hearing, unless the Court otherwise directs, and the Registrar shall notify the applicant and the other parties of the time and place of any hearing.
(6) Without prejudice to rule 15, the Registrar shall notify all the parties and the person who is to accompany the witness (if known) of the decision of the court in relation to an application under paragraph (1). Where leave is granted, the notification shall state the name of the witness, and, if known, the name, occupation and relationship (if any) to the witness of the person who is to accompany the witness.
(7) A witness giving evidence through a television link pursuant to leave granted in accordance with this rule shall be accompanied by a person acceptable to the Court and, unless the Court otherwise directs, by no other person.”.

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Source: https://www.legislation.gov.uk/uksi/1992/2757/article/3 (the official version)
Page: https://openlegislation.uk/criminal-appeal-amendment-rules-1992/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.