# The Standing Civilian Courts (Evidence) Rules 2006, 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.

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Source: https://www.legislation.gov.uk/uksi/2006/2891/article/4 (the official version)
Page: https://openlegislation.uk/standing-civilian-courts-evidence-rules-2006/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.