Article 4 Late applications

(1)

Notwithstanding the requirements of rule 2—

(a)

an application may be made for a special measures direction orally at the trial; or

(b)

the magistrate may of his own motion raise the issue whether a special measures direction should be given.

(2)

Where an application is made in accordance with paragraph (1)(a)—

(a)

the applicant must state the reasons for the late application; and

(b)

the magistrate must be satisfied that the applicant was unable to make the application in accordance with rule 2.

(3)

The magistrate shall determine before making a special measures direction—

(a)

whether to allow other parties to the proceedings to make representations on the question;

(b)

the time allowed for making such representations (if any); and

(c)

whether the question should be determined following a hearing at which the parties to the proceedings may be heard.

(4)

Paragraphs (2) and (3) do not apply in respect of an application made orally at the trial for a special measures direction—

(a)

enabling a child witness in need of special protection to give evidence by means of a live link; or

(b)

enabling a video recording of such a child to be admitted as evidence in chief of the witness,

if the opposition is that the special measures direction will not maximise the quality of the witness’s evidence.