Rule 149H Application by the accused for live link direction

An application by the accused for a live link direction under Article 21A of the 1999 Order shall be made by giving notice in Form 88K.

The notice under paragraph (1) shall be served on the clerk of petty sessions and at the same time a copy thereof shall be served, by the applicant, on every other party to the proceedings.

Any party on whom a copy of the notice of the application under paragraph (1) is served may oppose the application for a live link direction whether or not the question of whether the conditions set out in Article 21A(4) or (5) of the 1999 Order is in issue.

Any party who wishes to oppose the application shall, within 7 days of the date the notice under paragraph (1) was served on him, notify the applicant and the clerk of petty sessions, in writing, of his opposition and give reasons for it.

In order to comply with paragraph (5), a party shall state in the written notification whether he disputes that—

Except where notice is received in accordance with paragraph (5), the court may —

Where a party to the proceedings notifies the clerk of petty sessions in accordance with paragraph (5) of his opposition to the application, the clerk of petty sessions shall fix a date for the hearing of the application.

Where a hearing of the application is to take place in accordance with paragraphs (7) or (8), 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 (9) may be present at the hearing and be heard.

The clerk of petty sessions shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 88L.

The court may, if it considers that it is in the interests of justice to do so—

Where a live link direction is made enabling the accused to give evidence by means of a live link, he shall be accompanied at the live link only by persons acceptable to a district judge (magistrates’ courts).