18.14. The court may decide whether to give, vary or discharge a defendant’s evidence direction—
(a)at a hearing, in public or in private, or without a hearing; and
(b)in a party’s absence, if that party—
(i)applied for the direction, variation or discharge, or
(ii)has had at least 10 business days in which to make representations.
18.15. An applicant for a defendant’s evidence direction must—
(a)explain how the proposed direction meets the conditions prescribed by the Youth Justice and Criminal Evidence Act 1999;
(b)in a case in which the applicant proposes that the defendant give evidence by live link—
(i)identify a person to accompany the defendant while the defendant gives evidence, and
(ii)explain why that person is appropriate; and
(c)ask for a hearing, if the applicant wants one, and explain why it is needed.
[Note. See sections 33A and 33BA of the Youth Justice and Criminal Evidence Act 1999.]
18.16.—(1) A party who wants the court to vary or discharge a defendant’s evidence direction 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)on an application to discharge a live link direction, explain why it is in the interests of justice to do so;
(b)on an application to discharge a direction for an intermediary, explain why it is no longer necessary in order to ensure that the defendant receives a fair trial;
(c)on an application to vary a direction for an intermediary, explain why it is necessary for the direction to be varied in order to ensure that the defendant receives a fair trial; and
(d)ask for a hearing, if the applicant wants one, and explain why it is needed.
[Note. See sections 33A(7) and 33BB of the Youth Justice and Criminal Evidence Act 1999.]
18.17.—(1) This rule applies where a party wants to make representations about—
(a)an application for a defendant’s evidence direction;
(b)an application for the variation or discharge of such a direction; or
(c)a direction, variation or discharge that the court proposes on its own initiative.
(2) Such a party must—
(a)serve the representations on—
(i)the court officer, and
(ii)each other party;
(b)do so not more than 10 business days after, as applicable—
(i)service of the application, or
(ii)notice of the direction, variation or discharge that the court proposes; and
(c)ask for a hearing, if that party wants one, and explain why it is needed.
(3) Representations against a direction, variation or discharge must explain why the conditions prescribed by the Youth Justice and Criminal Evidence Act 1999 are not met.