Rule 18.8 Exercise of court’s powersI1

England and Wales

(1)

The court may decide whether to give, vary or discharge a special measures direction—

(a)

at a hearing, in public or in private, or without a hearing; and

(b)

in a party’s absence, if that party—

(i)

applied for the direction, variation or discharge, or

(ii)

has had at least 10 business days in which to make representations.

F1(2)

Where a direction provides for evidence to be admitted under section 28 of the Youth Justice and Criminal Evidence Act 1999 (Video recorded cross-examination or re-examination)—

(a)

the court must consider giving a direction for any one or more of the following, whether an application for such a direction is made or not—

(i)

exclusion from the court during the cross-examination and any re-examination of persons of any description specified in the direction, under section 25 of the 1999 Act (Evidence given in private),

(ii)

identification by the court officer of any person attending the cross-examination and any re-examination who could be excluded by a direction under section 25 of that Act but who is not so excluded, and the recording of any such person’s identity, and

(iii)

a reporting restriction under section 4(2) of the Contempt of Court Act 1981 (Contemporary reports of proceedings; order to postpone reporting of proceedings); and

(b)

the court must set a timetable that provides for—

(i)

the date of any ground rules hearing under rule 3.9,

(ii)

the date on which the cross-examination and any re-examination will be recorded,

(iii)

the date by which any application under section 28(5) of the 1999 Act must be made for a direction for further cross-examination or re-examination,

(iv)

the date by which any application must be made to exclude as evidence any part of the recording, and

(v)

the date by which any editing of the recording must be completed.

F2[Note. See also—

(a)

rules 24.4(2) and 25.11(2) (Evidence of a witness in person), which usually require the exclusion from the courtroom of a prospective witness before that person gives evidence, unless that person is a party or an expert witness; and

(b)

Part 6 (Reporting, etc. restrictions).]

Annotations

Textual amendments

F1: Rule 18.8(2) substituted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 10(a)
F2: Rule 18.8 Note inserted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 10(b)

Commencement

I1: Rule 18.8 in force at 6.10.2025, see Preamble