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

Application for special measures direction

2.—(1) An application by a party in any proceedings for the judge advocate to give a special measures direction under section 19 of the Act must be made in writing in the form set out in Schedule 1 to these Rules or a form to the like effect.

(2) If the application is for a special measures direction—

(a) enabling a witness to give evidence by means of a live link, the information sought in Part B of that form must be provided;

(b) enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part C of that form must be provided; or

(c) providing for any examination of a witness to be conducted through an intermediary, the information sought in Part D of that form must be provided.

(3) The application under paragraph (1) must be sent to the court administration officer 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 court administration officer within 28 days of—

(a) the date appointed for trial; or

(b) the lodging of a notice of appeal under paragraph 18(3) of Schedule 3 to the Armed Forces Act 1976(1).

(5) A party to whom an application is sent in accordance with paragraph (3) 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 court administration officer in writing of his opposition and give reasons for it.

(7) Paragraphs (5) and (6) do not apply in respect of an application for a special measures direction enabling a child witness in need of special protection to give evidence by means of a live link if the opposition is that the special measures direction is not likely to maximise the quality of the witness’s evidence.

(8) In order to comply with paragraph (6)—

(a) a party must in the written notification state whether he—

(i) disputes that the witness is eligible for assistance by virtue of section 16 or 17 of the Act;

(ii) disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence; and

(iii) opposes the granting of a special measures direction; and

(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(7).

(9) Except where notice is received in accordance with paragraph (6), the judge advocate may—

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

(10) Where a party to the proceedings notifies the court administration officer in accordance with paragraph (6) of his opposition to the application, the judge advocate must direct a hearing of the application.

(11) Where a hearing of the application is to take place in accordance with paragraph (9) or (10), the court administration officer shall notify each party to the proceedings of the time and place of the hearing.

(12) A party notified in accordance with paragraph (11) may be present at the hearing and be heard.

(13) The court administration officer must, within 3 days of the decision of the judge advocate in relation to an application under paragraph (1) 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.

(1)

1976 c. 52.