Rule 18.9 Special measures direction without applicationI1
England and Wales
This rule applies where—
a party notifies the court that a witness is eligible for assistance under section 16 or section 17 of the Youth Justice and Criminal Evidence Act 1999;
the notice is given at—
a preparation for trial hearing in a magistrates’ court, or
a plea and trial preparation hearing in the Crown Court; and
no other party opposes the giving of a special measures direction for the benefit of that witness.
The court may exercise its power to give a special measures direction without requiring an application under rule 18.10.
The party who gives the notice must—
provide any information that the court may need to assess—
the measure or measures likely to maximise so far as practicable the quality of the witness’ evidence, and
the witness’ own views; and
where a direction provides for video recorded evidence to be admitted under section 27 of the Youth Justice and Criminal Evidence Act 1999, as soon as reasonably practicable serve such evidence on—
the court officer, and
each other party.
[Note. Under sections 21 and 22 of the Youth Justice and Criminal Evidence Act 1999, a ‘child witness’ is one who is under 18, and a ‘qualifying witness’ is one who was a child witness when interviewed.
Under those sections, the ‘primary rule’ requires the court to give a direction—
for the evidence of a child witness or of a qualifying witness to be admitted—
by means of a video recording of an interview with the witness, in the place of examination-in-chief, and
after that, by live link; or
if one or both of those measures is not taken, for the witness while giving evidence to be screened from seeing the defendant.
The primary rule always applies unless—
the witness does not want it to apply, and the court is satisfied that to omit a measure usually required by that rule would not diminish the quality of the witness’ evidence; or
the court is satisfied that to direct one of the measures usually required by that rule would not be likely to maximise, so far as practicable, the quality of the witness’ evidence.]