Article 99 Variation or discharge of special measures direction
A judge advocate may vary or discharge a special measures direction if it appears to him to be in the interests of justice to do so.
A judge advocate may exercise the power conferred by paragraph (1)—
on an application made by a party to the proceedings; or
of the judge advocate’s own motion.
An application under this rule must be made in writing to the court administration officer, unless—
a judge advocate gives leave for it to be made orally; or
paragraph (8) applies.
A copy of a written application under this rule must be served on each other party to the proceedings.
Where a written application has been made under this rule, a judge advocate may—
grant the application without a hearing; or
direct a hearing.
But the application may not be granted without a hearing unless—
at least 14 days have elapsed since the application was served on each other party to the proceedings; and
no other party has served notice on the court administration officer that he opposes the application.
Rule 97(8) applies in relation to a hearing of the application as it applies in relation to a hearing of an application for a special measures direction.
Where the direction was made on the application of a defendant and includes provision for the admission of a video recording which had not been served on the Director, the Director may make an oral application without leave.
A judge advocate who varies or discharges, or refuses an application for the variation or discharge of, a special measures direction must state in open court his reasons for doing so.
In this rule, references to the variation of a special measures direction include the further variation of a direction previously varied.