The Courts-Martial (Royal Navy, Army and Royal Air Force) (Evidence) Rules 2006

Restrictions on cross-examination of witness

11.—(1) This rule and rules 12 and 13 apply where an accused is prevented from cross-examining a witness in person by virtue of section 34, 35 or 36 of the Act.

(2) The judge advocate shall explain to the accused as early in the proceedings as is reasonably practicable that he—

(a) is prevented from cross-examining a witness in person; and

(b) should arrange for a legal representative to act for him for the purpose of cross-examining the witness.

(3) The accused shall notify the court administration officer within 7 days of the judge advocate giving his explanation, or within such other period as the judge advocate may in any particular case allow, of the action, if any, he has taken.

(4) Where he has arranged for a legal representative to act for him, the notification shall include details of the name and address of the representative.

(5) The notification shall be in writing.

(6) The court administration officer shall notify all other parties to the proceedings of the name and address of the person, if any, appointed to act for the accused.

(7) Where the judge advocate gives his explanation under paragraph (2) to the accused either within 7 days of the day set for the commencement of any hearing at which a witness in respect of whom a prohibition under section 34, 35 or 36 of the Act applies may be cross-examined or after such a hearing has commenced, the period of 7 days shall be reduced in accordance with any directions issued by the judge advocate.

(8) Where at the end of the period of 7 days or such other period as the judge advocate has allowed, the court administration officer has received no notification from the accused, the judge advocate may grant the accused an extension of time, whether on his own motion or on the application of the accused.

(9) Before granting an extension of time, the judge advocate may hold a hearing at which all parties to the proceedings may attend and be heard.

(10) Any extension of time shall be of such period as the judge advocate considers appropriate in the circumstances of the case.

(11) The decision of the judge advocate as to whether to grant the accused an extension of time shall be notified to all parties to the proceedings by the court administration officer.