Part 8

Live links

Effect of, and rescission of, direction
52
1
Subsection (2) applies where the court gives a direction under section 51 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 section).
3
The court may rescind a direction under section 51 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 section 51 in relation to him.
5
A direction under section 51 may be rescinded under subsection (3)—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 subsection (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 section 51, 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 register of its proceedings.