Explanatory note

These Rules make provision for a range of measures designed to help young, disabled, vulnerable or intimidated witnesses give evidence in proceedings before the Summary Appeal Court so as to give effect to Directive 2012/29/EU of the European Parliament and of the Council of 25th October 2012 establishing minimum standards on the rights, support and protection of victims of crime and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57-73), articles 18 and 21. These measures are contained in Part 2 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the 1999 Act”), certain provisions of which are applied with modifications to, or modified in their effect for the purposes of, proceedings before service courts by the Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), as amended by the Youth Justice and Criminal Evidence Act 1999 (Application to Service courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805).

Part 2 of these Rules deals with restrictions on cross-examination of a witness by an appellant acting in person. Rule 4 makes provision for the Director of Service Prosecutions to make an application to the judge advocate to give a direction that the appellant be prevented from cross-examining a witness. Rule 5 sets out the procedure for the judge advocate to explain to the appellant that he is prevented from cross-examining the witness and the procedure required for the appellant to appoint a legal representative to conduct the cross-examination. Rule 6 deals with the appointment of a legal representative by the judge advocate and rule 7 deals with the appointment of a legal representative by the appellant.

Part 3 of these Rules contains provisions dealing with restrictions on reporting. Rules 8 to 11 govern applications under sections 25, 45A and 46 of the 1999 Act for directions restricting the reporting of proceedings and directions dispensing with such restrictions. Rule 12 contains provisions relating to applications for the revocation of reporting directions or the variation or revocation of an excepting direction and rule 13 contains provision for applications for an extension of time. Rule 14 sets out the procedure for determining applications for reporting directions.