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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Standing Civilian Courts (Evidence) Rules 2006 No. 2891 URL: http://www.bailii.org/uk/legis/num_reg/2006/20062891.html |
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| Made | 30th October 2006 | ||
| Laid before Parliament | 6th November 2006 | ||
| Coming into force | 6th December 2006 |
| 1. | Citation, commencement and interpretation |
| 2. | Application for special measures direction |
| 3. | Application for an extension of time |
| 4. | Late applications |
| 5. | Discharge or variation of a special measures direction |
| 6. | Renewal application following a material change of circumstances |
| 7. | Application for special measures direction for witness to give evidence by means of a live television link |
| 8. | Video recording of testimony from witnesses |
| 9. | Expert evidence in connection with special measures directions |
| 10. | Intermediaries |
| 11. | Application for a reporting direction under section 46(6) of the Act |
| 12. | Opposing an application for a reporting direction |
| 13. | Urgent action on an application under section 46(6) of the Act |
| 14. | Application for an excepting direction under section 46(9) of the Act |
| 15. | Variation or revocation of a reporting or excepting direction |
| 16. | Application for an extension of time |
| 17. | Decision of the magistrate |
| 18. | Revocations |
| SCHEDULE 1— | FORM OF APPLICATION FOR A SPECIAL MEASURES DIRECTION UNDER SECTION 19 OF THE YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 |
| SCHEDULE 2— |
| FORM A— | Rule 11(1) - Form of application for a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999 |
| FORM B— | Rule 14(4) - Form of application for an excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999 |
(3) The application under paragraph (1) must be sent to the court administration officer and at the same time a copy thereof must be sent by the applicant to every other party to the proceedings.
(4) The application must be received by the court administration officer within 28 days of the date appointed for trial.
(5) A party to whom an application is sent in accordance with paragraph (3) may oppose the application for a special measures direction in respect of any, or any particular, measure available in relation to the witness, whether or not the question whether the witness is eligible for assistance by virtue of section 16 or 17 of the Act is in issue.
(6) A party who wishes to oppose the application must, within 14 days of the date the application was served on him, notify the applicant and the court administration officer in writing of his opposition and give reasons for it.
(7) Paragraphs (5) and (6) do not apply in respect of an application for a special measures direction enabling a child witness in need of special protection to give evidence by means of a live link if the opposition is that the special measures direction is not likely to maximise the quality of the witness's evidence.
(8) In order to comply with paragraph (6)—
(b) where the application relates to the admission of a video recording, a party who receives a recording must provide the information required by rule 8(7).
(9) Except where notice is received in accordance with paragraph (6), the magistrate may—
(10) Where a party to the proceedings notifies the court administration officer in accordance with paragraph (6) of his opposition to the application, the magistrate must direct a hearing of the application.
(11) Where a hearing of the application is to take place in accordance with paragraph (9) or (10), the court administration officer shall notify each party to the proceedings of the time and place of the hearing.
(12) A party notified in accordance with paragraph (11) may be present at the hearing and be heard.
(13) The court administration officer must, within 3 days of the decision of the magistrate in relation to an application under paragraph (1) being made, notify all the parties of the decision, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification must state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence.
Application for an extension of time
3.
—(1) An application may be made in writing for the period of 28 days specified in rule 2(4) to be extended.
(2) The application may be made either before or after that period has expired.
(3) The application must be accompanied by a statement setting out the reasons why the applicant is or was unable to make the application within that period and a copy of the application and the statement must be sent to every other party to the proceedings.
(4) An application for an extension of time under this rule shall be determined by the magistrate without a hearing unless the magistrate otherwise directs.
(5) The court administration officer shall notify all the parties of the magistrate's decision.
Late applications
4.
—(1) Notwithstanding the requirements of rule 2—
(2) Where an application is made in accordance with paragraph (1)(a)—
(3) The magistrate shall determine before making a special measures direction—
(4) Paragraphs (2) and (3) do not apply in respect of an application made orally at the trial for a special measures direction—
if the opposition is that the special measures direction will not maximise the quality of the witness's evidence.
Discharge or variation of a special measures direction
5.
—(1) An application to the magistrate to discharge or vary a special measures direction under section 20(2) of the Act must be in writing and each material change of circumstances which the applicant alleges has occurred since the direction was made must be set out.
(2) An application under paragraph (1) must be sent to the court administration officer as soon as reasonably practicable after the change of circumstances occurs.
(3) The applicant must also send copies of the application to each party to the proceedings at the same time as the application is sent to the court administration officer.
(4) A party to whom an application is sent in accordance with paragraph (3) may oppose the application on the ground that it discloses no material change of circumstances.
(5) Rule 2(6) to (13) shall apply to an application to discharge or vary a special measures direction as it applies to an application for a direction.
Renewal application following a material change of circumstances
6.
—(1) Where an application for a special measures direction has been refused by the magistrate, the application may only be renewed ("renewal application") where there has been a material change of circumstances since the magistrate refused the application.
(2) The applicant must—
(3) The applicant must also send copies of the renewal application to each of the parties to the proceedings at the same time as the application is sent to the court administration officer.
(4) A party to whom the renewal application is sent in accordance with paragraph (3) may oppose the application on the ground that it discloses no material change of circumstances.
(5) Rule 2(6) to (13) and rules 7 and 8 apply to a renewal application as they apply to the application which was refused.
Application for special measures direction for witness to give evidence by means of a live television link
7.
—(1) Where the application for a special measures direction is made, in accordance with rule 2(2)(a), for a witness to give evidence by means of a live link, the following provisions of this rule shall also apply.
(2) A party who seeks to oppose an application for a child witness to give evidence by means of a live link must, in order to comply with rule 2(5), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness's evidence.
(3) However, paragraph (2) does not apply in relation to a child witness in need of special protection.
(4) Where a special measures direction is made enabling a witness to give evidence by means of a live link, the witness shall be accompanied at the live link only by persons acceptable to the magistrate.
(5) If the special measures directions combine provisions for a witness to give evidence by means of a live link with provision for examination of the witness to be conducted through an intermediary, the witness shall be accompanied at the live link only by—
Video recording of testimony from witnesses
8.
—(1) Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this rule shall also apply.
(2) The application made in accordance with rule 2(1) must be accompanied by the video recording which it is proposed to tender in evidence and must include—
(f) a statement of the circumstances in which the video recording was made which complies with paragraph (4) of this rule; and
(g) the date on which the video recording was disclosed to the other party or parties.
(3) Where it is proposed to tender part only of a video recording of an interview with the witness, the application must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4) of this rule.
(4) The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) of this rule shall include the following information, except in so far as it is contained in the recording itself—
(d) in relation to the equipment used for the recording—
(e) the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made.
(5) If the special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness with provision for the examination of the witness to be conducted through an intermediary, the information to be provided under paragraph (4)(c) shall be the same as that for other persons present at the recording but with the addition of details of the declaration made by the intermediary under rule 10.
(6) If the special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness with provision for the witness, in accordance with section 30 of the Act, to be provided with a device as an aid to communication during the video recording of the interview the information to be included under paragraph (4)(d) shall include also details of any such device used for the purposes of the recording.
(7) A party who receives a recording under paragraph (2) must within 14 days of its receipt, notify the applicant and the court administration officer, in writing—
(8) A party who seeks to oppose an application for a special measures direction enabling a video recording of an interview of a child witness to be admitted as evidence in chief of the witness must, in order to comply with rule 2(6), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness's evidence.
(9) However, paragraph (8) does not apply if the witness is a child witness in need of special protection.
(10) Notwithstanding the provisions of rule 2 and this rule, any video recording which the accused proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial.
(11) The magistrate may determine an application by the accused to tender in evidence a video recording even though the recording has not, in accordance with paragraph (10), been served upon the prosecution.
(12) Where a video recording which is the subject of a special measures direction is sent to the prosecution after the direction has been made, the prosecutor may apply to the magistrate for the direction to be varied or discharged.
(13) An application under paragraph (12) may be made orally to the magistrate.
(14) A prosecutor who makes an application under paragraph (12) must state—
(15) The magistrate must, before determining the application—
(16) The court administration officer must notify all parties to the proceedings of the decision of the magistrate as soon as may be reasonable after the decision is given.
(17) Any decision varying a special measures direction must state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence.
Expert evidence in connection with special measures directions
9.
Any party to the proceedings who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or for varying or discharging, a special measures direction must, not less than 14 days before the date set for the trial to begin—
Intermediaries
10.
The declaration required to be made by an intermediary in accordance with section 29(5) of the Act shall be in the following form:
(3) The notification under paragraph (1) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 16.
Urgent action on an application under section 46(6) of the Act
13.
—(1) The magistrate may give a reporting direction under section 46 of the Act in relation to a witness in those proceedings, notwithstanding that the 5 working days specified in rule 12(3) have not expired if—
(2) Any party to the proceedings may make the application under paragraph (1) whether or not an application has already been made under rule 11.
(3) An application under paragraph (1) may be made orally or in writing.
(4) If an application is made orally, the magistrate may hear and take into account representations made to him by any person who in his view has a legitimate interest in the application before it.
(5) The application must specify the exceptional circumstances on which the application relies.
Application for an excepting direction under section 46(9) of the Act
14.
—(1) An application for an excepting direction under section 46(9) of the Act (a direction dispensing with restrictions imposed by a reporting direction) may be made by—
(2) If an application for an excepting direction is made, the applicant must state why—
(3) An application for an excepting direction may be made in writing, pursuant to paragraph (4), at any time after the commencement of the proceedings in the court or orally at a hearing of an application for a reporting direction.
(4) If the application for an excepting direction is made in writing it must be in Form B of Schedule 2 to these Rules (or a form to the like effect) and the applicant shall send that application to the court administration officer and copies shall be sent at the same time to every party to those proceedings.
(5) Any person served with a copy of an application for an excepting direction who wishes to oppose it, must notify the applicant and court administration officer in writing of his opposition and give reasons for it.
(6) The notification under paragraph (5) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 16.
Variation or revocation of a reporting or excepting direction
15.
—(1) An application to—
may be made at any time after the commencement of the proceedings in the court.
(2) An application under paragraph (1) may be made by a party to the proceedings in which the direction was issued, or by a person who, although not a party to those proceedings, is in the opinion of the magistrate directly affected by the direction.
(3) An application under paragraph (1) must be made in writing and the applicant shall send that application to the court administration officer, and at the same time copies of the application shall be sent to every party or, as the case may be, every party to the proceedings.
(4) The applicant must set out in his application the reasons why he seeks to have the direction varied or, as the case may be, revoked.
(5) Any person served with a copy of an application who wishes to oppose it, must notify the applicant and the court administration officer in writing of his opposition and give reasons for it.
(6) Any notification under paragraph (5) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 16.
Application for an extension of time
16.
—(1) An application may be made in writing to extend the period of time for notification under rule 12(3), rule 14(6) or rule 15(6) before that period has expired.
(2) An application must be accompanied by a statement setting out the reasons why the applicant is unable to give notification within that period.
(3) An application must be sent to the court administration officer and a copy of the application must be sent at the same time to the applicant.
Decision of the magistrate
17.
—(1) The magistrate may—
(2) The court administration officer shall notify all the parties of the magistrate's decision as soon as reasonably practicable.
(3) If a hearing of an application is to take place, the court administration officer shall notify each party to the proceedings of the time and place of the hearing.
(4) A magistrate may hear and take into account representations made to him by any person who in the magistrate's view has a legitimate interest in the application before it.
| Details required | Notes |
|
Details of witness Name of Witness: Date of birth of witness: If a previous application has been made to tender in evidence a video recording of testimony from the witness, give the date and (if known) result of that application. |
An application by the defence for evidence to be given through a live television link or by means of a video recording need not disclose who that witness is, except where the witness is to give evidence in support of an alibi. If the applicant is the prosecutor, give the name of the witness (otherwise leave blank). |
|
Case details |
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| Details of Prosecuting Authority: | |
| Case number: | |
|
Accused(s): surname: forenames: |
|
| Trial date and location (if known): | |
| Charges: | Give brief details of those charges to which this application applies. |
|
Details of application Specify the special measures being sought: |
|
| State the grounds on which the witness relies in support of the application for a special measures direction: |
The statement should make clear whether the applicant seeks automatic eligibility (see Reasons for application section below) or whether the applicant alleges that the quality of the evidence will be reduced unless a direction is given. In the latter case, the grounds on which the applicant alleges that the quality of the witness's evidence is likely to be diminished in terms of completeness, coherence and accuracy should be clearly stated. Give a description of evidence submitted in support of this application: This requirement is optional. Examples of evidence might be: birth certificate; medical report; expert evidence; police report. |
|
Arrangements which may be made available Give a description of the arrangements relevant to the measures applied for which may be made available at the court in which it is likely the hearing will take place: |
|
|
Reason for application A. Is the application for special measures for any of the following?
(ii) live link only; (iii) both these measures? |
|
| Yes/No | |
| B. Is the witness a child witness in need of special protection at the time that any relevant recording was made? | A child witness in need of special protection is defined by Section 21 of the Youth Justice and Criminal Evidence Act 1999. |
| Yes/No | |
| C. Is the witness a child under 17 but not a child witness in need of special protection? | |
| Yes/No | |
| If the answer to both A and B is "Yes", information concerning the grounds of application and any views of the witness need not be provided. | Section 21 of the Youth Justice and Criminal Evidence Act 1999. |
| If the answer to C is "Yes" and there is no application for either video recorded evidence in chief or live link (or both), state the reasons why it is said that the special measures of video evidence in chief, live link (or both) would NOT maximise the quality of the child's evidence. | Section 21 of the Youth Justice and Criminal Evidence Act 1999 sets out a primary rule in favour of providing child witnesses with video recorded evidence in chief and live link unless, for witnesses who are not child witnesses in need of special protection, this would not be likely to maximise the quality of the witness's evidence. |
| For all witnesses over 17 years and for applications for witnesses under 17 years for measures other than video recorded evidence in chief or live link: | |
| Give the grounds for believing the special measures being sought in this application will improve the quality of the witness's evidence: | |
| Give the views of the witness as to why the measures sought in this application are required: | |
|
Material change of circumstances Give a description of any material change of circumstances relied upon to support this application: |
This requirement applies only where—
(b) a previous application for a special measures direction was refused and this application seeks to reverse that decision. |
| Details required | Notes |
| Details of application | |
| Give— | |
|
(a) the address of any venue from which the witness will give evidence if the court's own live television link is not used: |
|
|
(b) the name of the person who it is proposed will accompany the witness: |
An application by the defence need not disclose the name of the person proposed to accompany the witness if disclosure could lead to the identification of the witness. |
|
(c) the occupation of this person: |
|
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(d) the relationship (if any) of this person to the witness: |
|
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Grounds State why it is believed that this person should accompany the witness: |
| Details required | Notes |
| Video recording(s) | |
| Statement as to circumstances in which video recording made: | These details need to be completed only to the extent that the information is not contained in the video recording itself. |
| Date(s) of video recording(s): | |
| Time(s) of video recording(s): | Give the times at which recording began and finished, including details of any interruptions. |
| Location and normal function of premises where video recording made: | Give address of premises where recording made and state the usual function of those premises. |
| Details of those present while recording made | |
| Give details of each person present at any point during the recording: | Include name, age and occupation of anyone present; time for which present; relationship (if any) to witness and to the accused. |
| Use of an intermediary | |
|
1.
Was any person used as an intermediary in the making of the video recording? |
|
| If so, has the magistrate's approval for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999 been given? | The magistrate's approval for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999 must be given before the special measures direction is given. The magistrate's approval may be sought at the hearing of the application for the special measures direction. |
| If it has, give details. | If the magistrate's approval has not been obtained, the information required in Part D of this Form must be given. |
|
2.
Did the intermediary make the appropriate declaration before the interview began? |
|
| Is the declaration recorded on the video recording? |
The declaration is— " I solemnly, sincerely and truly declare that I will well and faithfully communicate questions and answers and make true explanation of all matters and things as shall be required of me according to the best of my skill and understanding." |
| Equipment used | |
| Give a description of— | The description must include the following information— |
|
(a) the equipment used for the recording: |
Number and type of cameras used (fixed or mobile); the number and location of microphones; the video format used; and whether it offered single or multiple recording facilities and if it did which were used. |
|
(b) any devices used as an aid to communication: |
In the case of communication aids, describe how the device was operated. State also whether the equipment was provided for or owned by the witness or the intermediary and whether any additional needs arose for the witness or the intermediary as a result of using the devices. (Refer to the examples given in Part D, paragraph 9(b)). |
| Recordings of part only of an interview | |
| State whether the video recording contains part only of the interview with the witness: | A copy of any video recordings of other parts of the interview with the witness which it is not proposed to tender in evidence must also be provided to the court and the other parties. The details of each such recording must be given as above. Use separate sheets where necessary. |
|
Details of copy State in respect of each video recording whether it is a copy, and give the following details in respect of each copy— Name and address of person who has the mastertape: When, and by whom, the copy was made: |
|
| Attendance and supply of copies | |
In the opinion of the applicant—
(b) if the witness is not available for cross-examination, have the parties agreed that the witness need not be available?
Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought? |
|
| Has a copy of this notice and the video recording(s) to which it relates been served on each party to the proceedings? | Where the application is by the accused, the video recording(s) do not have to be served on the prosecution until the close of the prosecution case at the trial. |
| Details required | Notes |
| Details of application | |
|
1.
Give a description of the communication needs of the witness: |
Where an assessment has been undertaken by a relevant professional, give details of where and by whom the assessment was carried out. |
|
2.
State why you consider that the quality of the evidence given by the witness would be improved by use of an intermediary: |
|
|
3.
Give the name of the person through whom it is proposed the examination of the witness be conducted: |
|
|
4.
What is the occupation of this person and what is the person's area of specialism: |
|
|
5.
Is this person related to the witness? If not related to the witness, does the intermediary know the witness and, if so, how and to what extent? |
|
|
6.
Is this person registered with the Intermediary Registration Board? |
If the person is not registered with the IRB, give the reason why this person is preferred to an IRB registered person. |
|
7.
Why do you consider this person has the necessary skills to meet the particular communication needs of the witness: |
|
|
8.
Has this person been used in the pre-trial investigation? |
If so, give reasons why it is proposed to use the same person throughout the proceedings. |
|
9.
Communication aids— |
Give details of any devices that may be used and how they are operated. |
|
(a) give details of any device used or which it is intended to use as a communication aid: |
|
|
(b) are there any issues which arise as a result of this device being used? |
Examples might be:
(b) the facilities that may be needed for the use of the devices, for example power sources. |
|
Signature of applicant or applicant's Solicitor: |
Date: |
| Details required | Notes |
| Details of applicant | |
|
Details of witness Name of Witness: Date of birth of witness: |
If these details have not been given, please provide the reason below. These details need not be given where the applicant can show that there is good reason for not providing such details in order to protect the true identity of that witness. |
|
Case details |
|
| Details of Prosecuting Authority: | |
| Case number: | |
|
Accused(s): surname: forenames: |
|
| Trial date and location (if known): | |
| Charges: | Give brief details of those charges to which this application applies. |
|
Details of application Specify the grounds on which the applicant relies in support of the application for the reporting direction: |
The statement should make clear why, in the applicant's view, if the direction is not given—
(b) the level of co-operation given by the witness to any party to the proceedings in the preparation of that party's case,
is likely to be diminished by fear or distress if the witness is identified by members of the public as a witness in the proceedings. |
| Give a description of evidence submitted in support of this application: |
This requirement is optional. Examples of evidence might be: Police report; Medical report. |
| Set out the views of the witness for whom the direction is sought on this application: | |
| Does the application need to be determined URGENTLY (i.e. on less than 5 days' notice)? | If so, give reasons and specify any time-limit by which the application needs to be determined. |
|
Public interest and interests of justice State why a reporting direction—
(b) is in the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of proceedings. |
|
|
Signature of applicant or applicant's Solicitor: |
Date: |
| Details required | Notes |
| Details of applicant | |
|
Details of witness Name of Witness: Date of birth of witness: |
If these details have not been given, please provide the reason below. These details need not be given where the applicant can show that there is good reason for not providing such details in order to protect the true identity of that witness. |
|
Case details Details of Prosecuting Authority: Case number: Accused(s): surname: forenames: Trial date and location (if known): |
|
| Charges: | Give brief details of those charges to which this application applies. |
| Date of reporting direction given (if already made): | |
| Is a copy of the reporting direction attached? | |
|
Details of application State the extent to which you invite the court to dispense with the restrictions imposed by the reporting direction. In particular state why—
(b) it would be in the interests of justice to do so.
If the applicant is not a party to the proceedings, state why they are directly affected by a reporting direction given in relation to a witness in those proceedings. |
|
|
Signature of applicant or applicant's Solicitor: |
Date: |
[2] 1999 c. 23; Chapters 1 to 5 of Part 2, and sections 62, 63 and 65, apply to proceedings before a Standing Civilian Court subject to the modifications specified in the Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006 (S.I .2006/2888).back
