PART 23RESTRICTION ON CROSS-EXAMINATION BY A DEFENDANT

APPLICATION TO PROHIBIT CROSS-EXAMINATION

Application to discharge prohibition imposed by the court

23.5.—(1) A party who wants the court to discharge a prohibition against cross-examination which the court imposed under section 36 of the Youth Justice and Criminal Evidence Act 1999 must—

(a)apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b)serve the application on—

(i)the court officer, and

(ii)each other party.

(2) The applicant must—

(a)explain what material circumstances have changed since the prohibition was imposed; and

(b)ask for a hearing, if the applicant wants one, and explain why it is needed.

[Note. Under section 37 of the Youth Justice and Criminal Evidence Act 1999, the court can discharge a prohibition against cross-examination which it has imposed—

(a)on application, if there has been a material change of circumstances; or

(b)on its own initiative.

The Practice Direction sets out a form of application for use in connection with this rule.]