PART VIMATTERS PRELIMINARY TO THE HEARING OF AN APPEAL

Presence at preliminary hearing by live TV link37

1

Subject to paragraph (3), a person mentioned in paragraph (2) shall be treated as being present at a preliminary hearing (and shall be entitled to be heard as if so present) if, whether by means of a live television link or similar arrangements (“live link”), he is able to see and hear and to be seen and heard by—

a

the judge advocate before whom the hearing is taking place;

b

any witness giving evidence at the hearing; and

c

the other persons who are entitled to be present at the hearing in accordance with rule 36.

2

The persons are the respondent, the appellant, any legal representative of the appellant, any interpreter and any person entitled to be present at the hearing by virtue of rule 36(3).

3

Paragraph (1) shall only have effect in relation to the presence of any person at a preliminary hearing if prior to the hearing—

a

the appellant,

b

the respondent, and

c

any person entitled to be present at the hearing by virtue of rule 36(3) (other than in the capacity of legal representative),

have given notice in writing to the court administration officer that they consent to the person’s presence at the hearing by live link.