The Criminal Procedure Rules 2020

Application to prohibit cross-examination

23.4.—(1) This rule applies where under section 36 of the Youth Justice and Criminal Evidence Act 1999 the prosecutor wants the court to prohibit the cross-examination of a witness by a defendant in person.

(2) The prosecutor 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,

(ii) the defendant who is the subject of the application, and

(iii) any other defendant, unless the court otherwise directs.

(3) The application must—

(a) report any views that the witness has expressed about whether he or she is content to be cross-examined by the defendant in person;

(b) identify—

(i) the nature of the questions likely to be asked, having regard to the issues in the case,

(ii) any relevant behaviour of the defendant at any stage of the case, generally and in relation to the witness,

(iii) any relationship, of any nature, between the witness and the defendant,

(iv) any other defendant in the case who is subject to such a prohibition in respect of the witness, and

(v) any special measures direction made in respect of the witness, or for which an application has been made;

(c) explain why the quality of evidence given by the witness on cross-examination—

(i) is likely to be diminished if no such prohibition is imposed, and

(ii) would be likely to be improved if it were imposed; and

(d) explain why it would not be contrary to the interests of justice to impose the prohibition.

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