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31.1.—(1) This rule and rules 31.2 and 31.3 apply where an accused is prevented from cross-examining a witness in person by virtue of section 34, 35 or 36 of the Youth Justice and Criminal Evidence Act 1999(1).
(2) The court 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 officer within 7 days of the court giving its explanation, or within such other period as the court 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 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 court gives its 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 1999 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 court.
(8) Where at the end of the period of 7 days or such other period as the court has allowed, the court has received no notification from the accused it may grant the accused an extension of time, whether on its own motion or on the application of the accused.
(9) Before granting an extension of time, the court 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 court considers appropriate in the circumstances of the case.
(11) The decision of the court as to whether to grant the accused an extension of time shall be notified to all parties to the proceedings by the court officer.
[Note. Formerly rule 24B of the Crown Court Rules 1982(2).]
1999 c. 23; section 35 was amended by the Sexual Offences Act 2003 (c. 42), Schedule 6, paragraph 41(1), (2) and Schedule 7.
S.I. 1982/1109; amending instruments relevant to this Part are S.I. 2000/2093 and 2002/1688.
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