Rule 149C [ Evidence by live link where witness is outside the United Kingdom

An application for leave under Article 80A(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 for a witness (other than the accused) who is outside the United Kingdom to give evidence through a live link shall be made by giving notice in Form 88G.

The notice under paragraph (1) shall be served on the clerk of petty sessions and every other party to the proceedings not less than 14 days before the day fixed for commencement of the preliminary investigation or preliminary inquiry.

Any party who wishes to oppose the application shall, within 7 days of the date that notice was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition giving reasons for it.

Except where notice is received in accordance with paragraph (3), the court may—

Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (3) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application.

Where a hearing is to take place in accordance with paragraphs (4) or (5), the clerk of petty sessions shall notify each party to the proceedings of the time and place of the hearing.

A party notified in accordance with paragraph (6) may be present at the hearing and be heard.

The clerk of petty sessions shall, as soon as reasonably practicable after determination of an application under paragraph (1), notify all the parties of the decision of the court in Form 88H and, where leave is granted, the notification shall state—

In determining an application under paragraph (1), the court may specify that as a condition of the grant of leave the witness should give evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the court may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence.

The court may, if it considers that it is in the interests of justice to do so, extend the time for service of a notice required under this Rule, either before or after that period expires.