Explanatory note

These Rules amend the Magistrates' Courts (Special Measures Directions) Rules 2002 so as to make provision for the use by witnesses at trials of intermediaries and also of devices as an aid to communications. The form used by those seeking to avail themselves of these special measures is amended to include provisions specifically directed at the use of intermediaries (Part D of the form) and devices as an aid to communication. Special measures directions are available for those witnesses eligible for assistance under sections 16 and 17 of the Youth Justice and Criminal Evidence Act 1999 (c. 23). Those who merely seek a foreign language interpreter do not fall within those provisions. The Rules also provide that the provisions enabling a party to proceedings to oppose an application for a special measures direction do not apply where the application is for a child witness in need of special protection if the opposition is that the special measures direction is not likely to maximise the quality of the witness’s evidence.