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PART 18MEASURES TO ASSIST A WITNESS OR DEFENDANT TO GIVE EVIDENCE

GENERAL RULES

Decisions and reasons

18.4.—(1) A party who wants to introduce the evidence of a witness who is the subject of an application, direction or order must—

(a)inform the witness of the court’s decision as soon as reasonably practicable; and

(b)explain to the witness the arrangements that as a result will be made for him or her to give evidence.

(2) The court must—

(a)promptly determine an application; and

(b)allow a party sufficient time to comply with the requirements of—

(i)paragraph (1), and

(ii)the code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004(1).

(3) The court must announce, at a hearing in public before the witness gives evidence, the reasons for a decision—

(a)to give, make, vary or discharge a direction or order; or

(b)to refuse to do so.

[Note. See sections 20(5), 33A(8) and 33BB(4) of the Youth Justice and Criminal Evidence Act 1999 and sections 51(8) and 52(7) of the Criminal Justice Act 2003(2).

Under section 32 of the Domestic Violence, Crime and Victims Act 2004, the Secretary of State for Justice must issue a code of practice as to the services to be provided by specified persons to a victim of criminal conduct.]

(1)

2004 c. 28; section 32 was amended by article 8 of, and paragraph 10 of the Schedule to, S.I. 2007/2128.