3.—(1) A special measures direction may be given in relation to a witness in continuing proceedings unless the judge advocate has before the date this Order comes into force—
(a)given leave in relation to the witness in connection with those proceedings under section 32 (evidence through television links) or section 32A (video recordings of testimony of child witnesses) of the Criminal Justice Act 1988(1); or
(b)exercised any existing special measures power in relation to the witness in connection with those proceedings.
(2) Nothing in—
(a)Chapter 2,
(b)Chapter 3, and
(c)Chapter 5,
of Part 2 of the Act applies in relation to continuing proceedings.
1988 c. 33. Sections 32(1) to (3), 32A and 34A applied to proceedings before service courts by virtue of the Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 1996 (S.I. 1996/2592) subject to the modifications specified in that Order. That Order has now been revoked by the Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 2006 (S.I. 2006/2890) with a saving for section 32(1)(a) and (3) which continues to have effect in relation to proceedings before service courts subject to the modifications specified in that Order.