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Article 22 Evidence through a live TV link

Original text. Later amendments are not shown.

(1)

A witness may, with the permission of the judicial officer, give evidence at a hearing through a live television link or other similar arrangements if it is not reasonably practicable for that person to attend the hearing.

(2)

An application for permission under paragraph (1) shall be made by the person wishing to call the witness as soon as he believes that—

(a)

a person is likely to be able to give evidence likely to be material evidence; and

(b)

that it is not reasonably practicable for that person to attend the hearing.

(3)

The application shall be served on the court administration officer and shall state—

(a)

the grounds of the application;

(b)

the name and, where applicable, the service number, rank or rate, and ship or unit of the witness;

(c)

where the witness is under the age of 18 years, the date of birth of the witness;

(d)

the country and place where it is proposed the witness will be when giving evidence; and

(e)

the name, occupation and relationship to the witness of any person proposed to accompany the witness and the grounds for believing that person should accompany the witness when giving evidence.

(4)

A copy of the application shall be served on the commanding officer or, as the case may be, the person to whom the proceedings relate.

(5)

The judicial officer shall not determine the application without giving the person served under paragraph (4) an opportunity to make representations about the application.

(6)

Where the application is determined prior to the hearing in which the evidence is to be given, the relevant court administration officer shall notify the commanding officer and the person to whom the proceedings relate of the decision of the judicial officer in relation to the application and, where permission is granted, the notification shall state any conditions specified by the judicial officer in accordance with paragraph (7).

(7)

The judicial officer may make the grant of permission subject to such conditions as he considers necessary with respect to the manner in which the evidence is to be given, including—

(a)

specifying the place where the witness is to give evidence; and

(b)

specifying the persons in whose presence the witness is to give evidence.

(8)

This rule is without prejudice to the rights of the commanding officer and the person to whom the proceedings relate to give evidence through a live link or other similar arrangements by virtue of rules 23(4) and 24.