Article 3

For rule 23A^f1 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

23A

(1)

Any party may apply for leave under section 32(1)(b) of the Criminal Justice Act 1988 for evidence 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 giving notice in writing, which shall be in the form prescribed in Schedule 5 or a form to the like effect.

(3)

An application under paragraph (1) shall be made within 28 days after the date of the committal of the defendant, or of the consent to the preferment of a bill of indictment in relation to the case, or of the service of notice of transfer under section 53 of the Criminal Justice Act 1991, or of the service of Notice of Appeal from a decision of a youth court or magistrates' court, as the case may be.

(4)

The notice under paragraph (2) shall be sent to the appropriate officer of the Crown Court and at the same time a copy thereof shall be sent by the applicant to every other party to the proceedings.

(5)

A party who receives a copy of a notice under paragraph (2) and who wishes to oppose the application shall within 14 days notify the applicant and the appropriate officer of the Crown Court, in writing, of his opposition, giving the reasons therefor.

(6)

An application under paragraph (1) shall be determined by a judge of the Crown Court without a hearing, unless the judge otherwise directs, and the appropriate officer of the Crown Court shall notify the parties of the time and place of any such hearing.

(7)

The appropriate officer of the Crown Court shall notify all the parties and any person who is to accompany the witness (if known) of the decision of the Crown Court in relation to an application under paragraph (1). Where leave is granted, the notification shall state—

(a)

where the witness is to give evidence on behalf of the prosecutor, the name of the witness, and, if known, the name, occupation and relationship (if any) to the witness of any person who is to accompany the witness, and

(b)

the location of the Crown Court at which the trial should take place.

(8)

The period specified in paragraph (3) may be extended, either before or after it expires, on an application made in writing, specifying the grounds of the application and sent to the appropriate officer of the Crown Court, and a copy of the application shall be sent by the applicant to every other party to the proceedings. The appropriate officer of the Crown Court shall notify all the parties of the decision of the Crown Court.

(9)

An application for extension of time under paragraph (8) shall be determined by a judge of the Crown Court without a hearing unless the judge otherwise directs.

(10)

A witness giving evidence through a television link pursuant to leave granted under paragraph (7) shall be accompanied by a person acceptable to a judge of the Crown Court and, unless the judge otherwise directs, by no other person.”.