OpenLegislation

Rule 3C Measures to help a witness to give evidenceF1F3

(1)

The court may exercise its power to facilitate the giving of evidence by a witness—

(a)

on application or on the court’s own initiative; and

(b)

as long as the court is satisfied that it is in the interests of justice to exercise that power in that way.

(2)

An applicant for the exercise of that power must explain which one or more of the following arrangements the applicant suggests—

(a)

by means of a screen or other arrangement preventing the witness from seeing, or being seen by, another person except—

(i)

any member of the court,

(ii)

any legal representative acting in the proceedings, and

(iii)

any interpreter or other person appointed to assist the witness;

(b)

by means of a device allowing questions and answers to be communicated to or by the witness despite any disability, disorder or other impairment;

(c)

allowing the witness to be accompanied, with directions about seating arrangements for the companion; and

(d)

any other arrangement that the applicant thinks would be desirable to facilitate the giving of evidence by the witness and which the court has power to direct F2including any special measure that the court can direct by reason of section 49 of the Domestic Abuse Act 2021.

Annotations

Textual amendments

F1

Rule 3C inserted (7.6.2022) by The Magistrates’ Courts (Amendment) Rules 2022 (S.I. 2022/523), rules 1(2), 2(2)

F2

Words in rule 3C(2)(d) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(4)(b)

F3

Rule 3C heading substituted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(4)(a)