OpenLegislation

Article 7 Application for special measures direction for witness to give evidence by means of a live television link

Original text. Later amendments are not shown.

(1)

Where the application for a special measures direction is made, in accordance with rule 2(2)(a), for a witness to give evidence by means of a live link, the following provisions of this rule shall also apply.

(2)

A party who seeks to oppose an application for a child witness to give evidence by means of a live link must, in order to comply with rule 2(5), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness’s evidence.

(3)

However, paragraph (2) does not apply in relation to a child witness in need of special protection.

(4)

Where a special measures direction is made enabling a witness to give evidence by means of a live link, the witness shall be accompanied at the live link only by persons acceptable to the magistrate.

(5)

If the special measures directions combine provisions for a witness to give evidence by means of a live link with provision for examination of the witness to be conducted through an intermediary, the witness shall be accompanied at the live link only by—

(a)

the intermediary; and

(b)

such other persons as may be acceptable to the magistrate.