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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A special measures direction may provide for the witness to give evidence by means of a live link.
(2)Where a direction provides for the witness to give evidence by means of a live link, the witness may not give evidence in any other way without the permission of the court.
(3)The court may give permission for the purposes of subsection (2) if it appears to the court to be in the interests of justice to do so, and may do so either—
(a)on an application by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or
(b)of its own motion.
(4)In subsection (3) “the relevant time” means—
(a)the time when the direction was given, or
(b)if a previous application has been made under that subsection, the time when the application (or last application) was made.
(5)Where in proceedings before a magistrates' court—
(a)evidence is to be given by means of a live link in accordance with a special measures direction, but
(b)suitable facilities for receiving such evidence are not available at any petty-sessional court-house in which that court can (apart from this subsection) lawfully sit,
the court may sit for the purposes of the whole or any part of those proceedings at a place where such facilities are available and which has been appointed for the purposes of this subsection by the justices acting for the petty sessions area for which the court acts.
(6)A place appointed under subsection (5) may be outside the petty sessions area for which it is appointed; but (if so) it is to be regarded as being in that area for the purpose of the jurisdiction of the justices acting for that area.
(7)In this section “petty-sessional court-house” has the same meaning as in the [1980 c. 43.] Magistrates' Courts Act 1980 and “petty sessions area” has the same meaning as in the [1997 c. 25.] Justices of the Peace Act 1997.
(8)In this Chapter “live link” means a live television link or other arrangement whereby a witness, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the persons specified in section 23(2)(a) to (c).
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