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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002 URL: http://www.bailii.org/uk/legis/num_reg/2002/20021688.html |
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| Made | 28th June 2002 | ||
| Laid before Parliament | 1st July 2002 | ||
| Coming into force | 24th July 2002 |
(3) The application under paragraph (1) above must be sent to the appropriate officer of the Crown Court and at the same time a copy thereof must be sent by the applicant to every other party to the proceedings.
(4) The application must be received by the appropriate officer within 28 days of -
(5) A party to whom an application is sent in accordance with paragraph (3) above may oppose the application for a special measures direction in respect of any, or any particular, measure available in relation to the witness, whether or not the question whether the witness is eligible for assistance by virtue of section 16 or 17 of the Act is in issue.
(6) A party who wishes to oppose the application must, within 14 days of the date the application was served on him, notify the applicant and the appropriate officer of the Crown Court in writing of his opposition and give reasons for it.
(7) In order to comply with paragraph (6) above -
(b) where the application relates to the admission of a video recording, a party who receives a recording must provide the information required by rule 8(5) below.
(8) Except where notice is received in accordance with paragraph (6) above, the court may -
(9) Where a party to the proceedings notifies the appropriate officer of the Crown Court in accordance with paragraph (6) above of his opposition to the application, the court must direct a hearing of the application.
(10) Where a hearing of the application is to take place in accordance with paragraph (8) or (9) above, the appropriate officer of the Crown Court shall notify each party to the proceedings of the time and place of the hearing.
(11) A party notified in accordance with paragraph (10) above may be present at the hearing and be heard.
(12) The appropriate officer of the Crown Court must, within 3 days of the decision of the Crown Court in relation to an application under paragraph (1) above being made, notify all the parties of the decision, 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
3.
- (1) An application may be made in writing for the period of 28 days specified in rule 2(4) above to be extended.
(2) The application may be made either before or after that period has expired.
(3) The application must be accompanied by a statement setting out the reasons why the applicant is or was unable to make the application within that period and a copy of the application and the statement must be sent to every other party to the proceedings.
(4) An application for an extension of time under this rule shall be determined by a judge of the Crown Court without a hearing unless the judge otherwise directs.
(5) The appropriate officer of the Crown Court shall notify all the parties of the judge's decision.
Late applications
4.
- (1) Notwithstanding the requirements of rule 2 above -
(2) Where an application is made in accordance with rule 4(1)(a) above -
(3) The court shall determine before making a special measures direction -
Discharge or variation of a special measures direction
5.
- (1) An application to the court to discharge or vary a special measures direction under section 20(2) of the Act must be in writing and each material change of circumstances which the applicant alleges has occurred since the direction was made must be set out.
(2) An application under paragraph (1) above must be sent to the appropriate officer of the Crown Court as soon as reasonably practicable after the change of circumstances occurs.
(3) The applicant must also send copies of the application to each party to the proceedings at the same time as the application is sent to the appropriate officer.
(4) A party to whom an application is sent in accordance with paragraph (3) above may oppose the application on the ground that it discloses no material change of circumstances.
(5) Rule 2(6) to (12) above shall apply to an application to discharge or vary a special measures direction as it applies to an application for a direction.
Renewal application following a material change of circumstances
6.
- (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 must -
(3) The applicant must also send copies of the renewal application to each of the parties to the proceedings at the same time as the application is sent to the appropriate officer.
(4) A party to whom the renewal application is sent in accordance with paragraph (3) above may oppose the application on the ground that it discloses no material change of circumstances.
(5) Rule 2(6) to (12) above and rules 7 and 8 below 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 television link
7.
- (1) Where the application for a special measures direction is made, in accordance with rule 2(2)(a) above, 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) above, 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) above does not apply in relation to a child witness in need of special protection within the meaning of section 21(1)(b) of the Act.
(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 a judge of the Crown Court.
Video recording of testimony from witnesses
8.
- (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) The application made in accordance with rule 2(1) above must be accompanied by the video recording which it is proposed to tender in evidence and must include -
(f) a statement of the circumstances in which the video recording was made which complies with paragraph (4) below; 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) below.
(4) The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) above 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 recording under paragraph (2) above must within 14 days of its receipt, notify the applicant and the appropriate officer of the Crown Court, in writing -
(6) Notwithstanding the provisions of rule 2 and this rule, any video recording which the accused proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial.
(7) The court may determine an application by the accused to tender in evidence a video recording even though the recording has not, in accordance with paragraph (6) above, been served upon the prosecution.
(8) Where a video recording which is the subject of a special measures direction is sent to the prosecution 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) above may be made orally to the court.
(10) A prosecutor who makes an application under paragraph (8) above must state -
(11) The court must, before determining the application, -
(12) The appropriate officer of the Crown Court must notify all parties to the proceedings of the decision of the court as soon as may be reasonable 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
9.
Any party to the proceedings who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or for varying or discharging, a special measures direction must, not less than 14 days before the date set for the trial to begin -
(3) On receipt of the application the appropriate officer of the Crown Court must refer it -
(4) Where a copy of the application is received by a party to the proceedings more than 14 days before the date set for the trial to begin, that party may make observations in writing on the application to the appropriate officer of the Crown Court, but any such observations must be made within 14 days of the receipt of the application and be copied to the other parties to the proceedings.
(5) A party to whom an application is sent in accordance with paragraph (1) above who wishes to oppose the application must give his reasons for doing so to the appropriate officer of the Crown Court and the other parties to the proceedings.
(6) Those reasons must be notified -
(7) Where the application made in accordance with (1) above is made before the date set for the trial to begin and -
(8) Where the application is made after the trial has begun -
(9) Where a hearing of the application is to take place, the appropriate officer of the Crown Court shall notify each party to the proceedings of the time and place of the hearing.
(10) A party notified in accordance with paragraph (9) above may be present at the hearing and be heard.
(11) The appropriate officer of the Crown Court must, as soon as possible after the determination of an application made in accordance with paragraph (1) above, give notice of the decision and the reasons for it to all the parties to the proceedings.
(12) A person making an oral application under paragraph (8)(a) above must -
(2) In each of the provisions set out in paragraph (3) below, for "section 34 or 35" substitute "section 34, 35 or 36".
(3) Those provisions are -
(4) In rule 24D(8) after "24C" insert ",24E".
Irvine of Lairg,
C.
Woolf,
C. J
Master McKenzie Kay,
L. J.
C. Hagen
P. Carter
J. V. Pegden
L. E. Dickinson
G. White
28th June 2002
This form may also be used where an extension of time has been granted for the making of this application.
A copy of this form must be given at the same time to the other party or parties to the case.
| 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. |
An application by the defence for evidence to be given through a live television 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 11 of the Criminal Justice Act 1967 (alibi). |
| If the applicant is the prosecutor, give the name of the witness (otherwise leave blank). | |
| Case details | |
| Name of Crown Prosecution Service office: | |
| Crown Prosecution Service number: | |
|
Defendant(s): surname:Forenames: |
|
| Case reference numbers: | |
|
(a) unique reference number assigned by police: |
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(b) trial number: |
|
| Court area: | The area in which the court hearing the case is situated. |
| Charges: | Give brief details 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: | The statement should make clear whether the applicant seeks automatic eligibility or whether the applicant alleges that the quality of the evidence will be reduced unless a direction is given. In the latter case, the grounds on which the applicant alleges that the quality of the witness's evidence is likely to be diminished in terms of completeness, coherence and accuracy should be clearly stated. |
| 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 made 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 - (a) a special measures direction is already in force and application is being made to discharge or vary the direction; or (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 television link is not used: |
|
|
(b) the name of the person who it is proposed will accompany the witness: |
An application by the defence need not disclose the name of the person proposed to accompany the witness if disclosure could lead to the identification of the witness. |
|
(c) the occupation of this person: |
|
|
(d) the relationship (if any) of this person to 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 defendant. |
| 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 trial 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 accused, the video recording(s) do not have to be served on the prosecution until the close of the prosecution case at the trial. |
| Has a copy of this notice and the video recording(s) to which it relates been served on each party to the proceedings? | |
| Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought? |
|
Signature of applicantor applicant's solicitor: |
Date: |
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[3] S.I.1982/1109; the relevant amending instruments are S.I. 1992/1847 and 2000/2093 (L. 17).back
[6] Rules 24B to 24D were inserted by S.I. 2000/2093 (L. 17).back
[7] Rule 23A was inserted by S.I. 1988/2160, rule 2 (substituted by S.I. 1992/1847, rule 3) and rule 23C by S.I. 1992/1847, rule 4.back
