Made | 8th June 2003 | ||
Coming into operation | 30th June 2003 |
(3) An application under paragraph (1) shall be made within 14 days from the date of the service of notice of appeal from a decision of a magistrates' court.
(4) The notice under paragraph (1) shall be served on the chief clerk of the appropriate county court division, and at the same time a copy thereof shall be served by the applicant on every other party to the appeal.
(5) Any party on whom a copy of a notice under paragraph (1) is served may oppose the application for a special measures direction in respect of any measure available in relation to the witness, whether or not the question whether the witness is eligible for assistance by virtue of Article 4(1)(a) of the 1999 Order is in issue.
(6) Any party who wishes to oppose the application shall, within 7 days of the date the notice was served on him, notify the applicant and the chief clerk, in writing, of his opposition and give reasons for it.
(7) In order to comply with paragraph (6) -
(b) where the application relates to the admission of a video recording, a party who receives a recording shall provide the information required by Rule 6H(5).
(8) Except where notice is received in accordance with paragraph (6), the court may -
(9) Where a party to the appeal notifies the chief clerk in accordance with paragraph (6) of his opposition to the application, the court shall direct a hearing of the application.
(10) Where a hearing of the application is to take place in accordance with paragraph (8) or (9), the chief clerk shall notify each party to the appeal of the time and place of the hearing.
(11) A party notified in accordance with paragraph (10) may be present at the hearing and be heard.
(12) The chief clerk shall, as soon as reasonably practicable, notify all the parties of the decision in Form 137B, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification must state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence.
Application for an extension of time
6C.
- (1) Without prejudice to the generality of Order 43 Rule 10, an application may be made in writing for the period of 14 days specified in Rule 6B(3) to be extended.
(2) The application may be made either before or after that period has expired.
(3) The application shall be accompanied by a statement setting out the reasons why the applicant is or was unable to make the application within that period, and the application and the statement shall be served by the applicant on the chief clerk and on every other party to the appeal.
(4) An application for an extension of time under this Rule shall be determined by a Judge without a hearing unless the Judge otherwise directs.
(5) The chief clerk shall notify all the parties of the Judge's decision."
(2) In Order 32 Part IIA, after Rule 6C there shall be added the following new Rules:
(2) Where an application is made in accordance with paragraph (1)(a) -
(3) The court shall determine, before making a special measures direction -
Discharge or variation of a special measures direction
6E.
- (1) An application to discharge or vary a special measures direction under Article 8(2) of the 1999 Order shall be in writing and shall specify each material change of circumstances which the applicant alleges has occurred since the direction was made.
(2) An application under paragraph (1) shall be served, by the applicant, on the chief clerk and on each party to the appeal as soon as reasonably practicable after the change of circumstances occurs.
(3) Any party on whom the application is served in accordance with paragraph (2) may oppose the application on the ground that it discloses no material change of circumstances.
(4) Paragraphs (6) to (12) of Rule 6B shall apply to an application to discharge or vary a special measures direction as they apply to an application for a direction.
Renewal application following a material change of circumstances
6F.
- (1) Where an application for a special measures direction has been refused by the court, the application may only be renewed ("renewal application") where there has been a material change of circumstances since the court refused the application.
(2) The applicant shall-
(3) Any party on whom the application is served in accordance with paragraph (2)(b) may oppose the application on the ground that it discloses no material change of circumstances.
(4) Paragraphs (6) to (12) of Rule 6B, Rules 6G and 6H apply to a renewal application as they apply to the application which was refused.
Application for special measures direction for witness to give evidence by means of a live link
6G.
- (1) Where the application for a special measures direction is made in accordance with Rule 6B(2)(a), for a witness to give evidence by means of a live link, the following provisions of this Rule shall also apply.
(2) Subject to paragraph (3), a party who seeks to oppose an application for a witness to give evidence by means of a live link must, in order to comply with Rule 6B(6), 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) Paragraph (2) does not apply in relation to a witness in need of special protection within the meaning of Article 9(1)(b) of the 1999 Order.
(4) Where a special measures direction is made enabling a witness to give evidence by means of a live link, that witness shall be accompanied at the live link only by persons acceptable to a Judge.
Video recording of testimony from witnesses
6H.
- (1) Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this Rule shall also apply.
(2) Notice of the application made in accordance with Rule 6B(1) shall be accompanied by the video recording (or a copy of the video recording) which it is proposed to tender in evidence and shall include -
(f) a statement of the circumstances in which the video recording was made which complies with paragraph (4); and
(g) the date on which the video recording was disclosed to the other party or parties.
(3) Where it is proposed to tender part only of a video recording of an interview with the witness, the application must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4).
(4) The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) shall include the following information, except in so far as it is contained in the recording itself: -
(d) in relation to the equipment used for the recording-
(e) the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made.
(5) A party who receives a copy of a recording under paragraph (2) shall within 7 days of date on which it was served on him, notify the applicant and the chief clerk, in writing -
(6) Notwithstanding the provisions of Rule 6B and this Rule, a copy of any video recording which the appellant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the hearing of the appeal.
(7) The court may determine an application by the appellant to tender in evidence a video recording even though a copy of the recording has not, in accordance with paragraph (6), been served upon the prosecutor.
(8) Where a copy of a video recording which is the subject of a special measures direction is sent to the prosecutor after the direction has been made, the prosecutor may apply to the court for the direction to be varied or discharged.
(9) An application under paragraph (8) may be made orally to the court.
(10) A prosecutor who makes an application under paragraph (8) shall state -
(11) The court shall, before determining the application: -
(12) The chief clerk shall notify all parties to the appeal of the decision of the court as soon as reasonably practicable after the decision is given.
(13) Any decision varying a special measures direction must state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence.
Expert Evidence
61.
Any party to an appeal who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or an application to vary or discharge, a special measures direction shall, not less than 14 days before the date set for the hearing at which the evidence is to be adduced -
(3) In Order 32 Part III, Rule 7 shall be amended by inserting before the definition of "enactment", the following definition:
(4) Appendix I shall be amended as follows:
We, the undersigned members of the County Court Rules Committee, having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.
A. R. Hart
J. J. Curran
H. Keegan
Barry Valentine
James A. Agnew
Brian J. Stewart
P. J. Kelly
Dated 21st May 2003.
After consultation with the Lord Chief Justice, I allow these Rules, which shall come into operation on 30th June 2003.
Irvine of Lairg,
C.
Dated 16th June 2003.
Details required | Notes |
Details of witness Name of Witness: Date of birth of witness: If an application has been made to tender in evidence a video recording of testimony from the witness, give the date and (if known) result of that application: If the applicant is the prosecutor, give the name of the witness (otherwise leave blank): |
An application by the appellant for evidence to be given through a live link or by means of a video recording need not disclose who that witness is, except to the extent that the disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996. |
Case details Name of PSNI Central Process Office: Central Process Office or District Command Unit reference number: DPP reference number: Appellant(s): Surname: Forenames: |
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Court venue: | The venue of the court hearing the appeal. |
Date of next court appearance: | |
Charges | Give brief details (including date and location of offence) of those charges to which this application applies |
Details of application Specify the special measures being sought: State the grounds on which the witness relies in support of the application for a special measures direction: |
|
Give a description of evidence submitted in support of this application: |
This requirement is optional. Examples of evidence might be: birth certificate; medical report; expert evidence; police report. |
Arrangements which may be available Give a description of the arrangements relevant to the measures applied for, which may be made available in the area in which it is likely the hearing will take place: |
|
Reasons for application Give the grounds for believing the special measures being sought in this application will increase the quality of the witness's evidence: |
|
Give the views of the witness as to why the measures sought in this application are required: | |
Material change of circumstances | |
Give a description of any material change of circumstances relied upon to support this application: |
This requirement applies only where -
(b) a previous application for a special measures direction was refused and this application seeks to reverse that decision. |
Details required | Notes |
Details of application Give - |
|
(a) the address of any venue from which the witness will give evidence if the court's own live link is not used: (b) the name of the person who it is proposed will accompany the witness: (c) the occupation of this person: (d) the relationship (if any) of this person to the witness: |
An application by the appellant need not disclose the name of the person proposed to accompany the witness if disclosure could lead to the identification of the witness. |
Grounds State why it is believed that this person should accompany the witness: |
Details required | Notes |
Video recording(s) | |
Statement as to circumstances in which video recording made: | These details need to be completed only to the extent that the information is not contained in the video recording itself. |
Date(s) of video recording(s): | |
Time(s) of video recording(s): | Give the times at which recording began and finished, including details of any interruptions. |
Location and normal function of premises where video recording made: | Give address of premises where recording made and state the usual function of those premises. |
Details of those present while recording made | |
Give details of each person present at any point during the recording: | Include name, age and occupation of anyone present; time for which present; relationship (if any) to witness and to the appellant. |
Equipment used | |
Give a description of the equipment used for the recording: | The description must include the following information - number and type of cameras used (fixed or mobile); the number and location of microphones; the video format used; and whether it offered single or multiple recording facilities and if it did which were used. |
Recordings of part only of an interview | |
State whether the video recording contains part only of the interview with the witness: | A copy of any video recordings of other parts of the interview with the witness which it is not proposed to tender in evidence must also be provided to the court and the other parties. The details of each such recording must be given as above. Use separate sheets where necessary. |
Details of copy State in respect of each video recording whether it is a copy, and give the following details in respect of each copy - | |
Name and address of person who has the mastertape: | |
When, and by whom , the copy was made: | |
Attendance and supply of copies | |
Is the witness willing and able to attend the appeal for cross-examination? | |
Have copies of the video recording(s) to which this application relates been disclosed to the other parties? | Where the application is by the appellant, the video recording(s) do not have to be served on the prosecution until the close of the prosecution case at the hearing of the appeal. |
Has a copy of this notice and the video recording(s) to which it relates been served on each party to the appeal? | |
Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought? |
of | } | ||
} | Petty Sessions District of | ||
Appellant | } | ||
of | } | County Court Division of | |
Respondent | } |
[2] S.I. 1999/2789 (N.I. 8)back
[3] S.R. 1981 No. 225; to which the most recent relevant amendment was made by S.R. 1996 No. 294 and S.R. 2003 No. 272back