Rule 18.10 Content of application for a special measures directionI1

England and Wales

An applicant for a special measures direction must—

(a)

explain how the witness is eligible for assistance;

(b)

explain why special measures would be likely to improve the quality of the witness’ evidence;

(c)

propose the measure or measures that in the applicant’s opinion would be likely to maximise, so far as practicable, the quality of that evidence;

(d)

report any views that the witness has expressed about—

(i)

his or her eligibility for assistance,

(ii)

the likelihood that special measures would improve the quality of his or her evidence, and

(iii)

the measure or measures proposed by the applicant;

(e)

in a case in which a child witness or a qualifying witness does not want the primary rule to apply, provide any information that the court may need to assess the witness’ views;

(f)

in a case in which the applicant proposes that the witness should give evidence by live link—

(i)

identify someone to accompany the witness while the witness gives evidence,

(ii)

name that person, if possible, and

(iii)

explain why that person would be an appropriate companion for the witness, including the witness’ own views;

(g)

in a case in which the applicant proposes the admission of video recorded evidence, identify—

(i)

the date and duration of the recording, and

(ii)

which part the applicant wants the court to admit as evidence, if the applicant does not want the court to admit all of it;

(h)

attach any other material on which the applicant relies; and

(i)

if the applicant wants a hearing, ask for one, and explain why it is needed.

Annotations

Commencement

I1: Rule 18.10 in force at 6.10.2025, see Preamble