PART IIILIVE LINKS

Effect of, and rescission of, direction11

1

Paragraph (2) applies where the court gives a direction under Article 10 for a person to give evidence through a live link in particular proceedings.

2

The person concerned may not give evidence in those proceedings after the direction is given otherwise than through a live link (but this is subject to the following provisions of this Article).

3

The court may rescind a direction under Article 10 if it appears to the court to be in the interests of justice to do so.

4

Where it does so, the person concerned shall cease to be able to give evidence in the proceedings through a live link, but this does not prevent the court from giving a further direction under Article 10 in relation to him.

5

A direction under Article 10 may be rescinded under paragraph (3)—

a

on an application by a party to the proceedings; or

b

of the court’s own motion.

6

But an application may not be made under paragraph (5)(a) unless there has been a material change of circumstances since the direction was given.

7

The court must state in open court its reasons—

a

for rescinding a direction under Article 10; or

b

for refusing an application to rescind such a direction,

and, if it is a magistrates' court, must cause them to be entered in the Order Book.