1 Citation, commencement and interpretation

(1)    These Rules may be cited as the Magistrates' Courts (Special Measures Directions) Rules 2002 and shall come into force on 24th July 2002.

(2)    In these Rules—

“the Act” means the Youth Justice and Criminal Evidence Act 1999;

“court” means a magistrates' court, whether a youth court or not.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see para (1) above.

Criminal Procedure91 Criminal Evidence91

2 Application for special measures directions

2Application for special measures directions

(1)    An application by a party in any criminal proceedings for the court to give a special measures direction under section 19 of the Act must be made in writing in the form prescribed in the Schedule to these Rules or a form to the like effect.

(2)    If the application is for a special measures direction—

(a)    enabling a witness to give evidence by means of a live link, the information sought in Part B of the form prescribed in the Schedule to these Rules must be provided;

(b)    enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part C of that form must be provided.

(3)    The application under paragraph (1) above must be sent to the justices' chief executive for the court and at the same time a copy thereof must be sent by the applicant to every other party to the proceedings.

(4)    The justices' chief executive for the court must receive the application—

(a)    in the case of an application to a youth court, within 28 days of the date on which the defendant first appears or is brought before the court in connection with the offence; or

(b)    in any other case, within 14 days of the defendant indicating his intention to plead not guilty to any charge brought against him and in relation to which a special measures direction may be sought.

(5)    A party to whom an application is sent in accordance with paragraph (3) above 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 justices' chief executive for the court in writing of his opposition and give reasons for it.

(7)    In order to comply with paragraph (6) above—

(a)    a party must in the written notification state whether he—

(i)    disputes that the witness is eligible for assistance by virtue of section 16 or 17 of the Act;

(ii)    disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence; and

(iii)    opposes the granting of a special measures direction; and

(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(5) below.

(8)    Except where notice is received in accordance with paragraph (6) above, a justice of the peace may—

(a)    determine the application in favour of the applicant without a hearing; or

(b)    direct a hearing.

(9)    Where a party to the proceedings notifies the justices' chief executive for the court in accordance with paragraph (6) above of his opposition to the application, the justices' clerk must direct a hearing before the court of the application.

(10)    Where a hearing of the application is to take place in accordance with paragraph (8) or (9) above, the justices' chief executive for the court shall notify each party to the proceedings of the time and place of the hearing.

(11)    A party notified in accordance with paragraph (10) above may be present at the hearing and be heard.

(12)    The justices' chief executive for the court must, within 3 days of the decision of the court in relation to an application under paragraph (1) above 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.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Criminal Procedure94 Criminal Evidence94

3 Application for an extension of time

3Application for an extension of time

(1)    An application may be made in writing for the period of 14 days or, as the case may be, 28 days specified in rule 2(4) above 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 a single justice of the peace without a hearing unless the justice otherwise directs.

(5)    The justices' chief executive for the court shall notify all the parties of the justice's decision.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Criminal Procedure93 Criminal Evidence93

4 Late applications

4Late applications

(1)    Notwithstanding the requirements of rule 2 above—

(a)    an application may be made for a special measures direction orally at the trial; or

(b)    the court may of its own motion raise the issue whether a special measures direction should be given.

(2)    Where an application is made in accordance with paragraph (1)(a) above—

(a)    the applicant must state the reasons for the late application; and

(b)    the court must be satisfied that the applicant was unable to make the application in accordance with rule 2 above.

(3)    The court shall determine before making a special measures direction—

(a)    whether to allow other parties to the proceedings to make representations on the question;

(b)    the time allowed for making such representations (if any); and

(c)    whether the question should be determined following a hearing at which the parties to the proceedings may be heard.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Criminal Procedure95 Criminal Evidence95

5 Discharge or variation of a special measures direction

5Discharge or variation of a special measures direction

(1)    An application to the court 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) above must be sent to the justices' chief executive for the court 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 justices' chief executive for the court.

(4)    A party to whom an application is sent in accordance with paragraph (3) above may oppose the application on the ground that it discloses no material change of circumstances.

(5)    Rule 2(6) to (12) above shall apply to an application to discharge or vary a special measures direction as it applies to an application for a direction.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Criminal Procedure95 Criminal Evidence95

6 Renewal application following a material change of circumstances

6Renewal application following a material change of circumstances

(1)    Where an application for a special measures direction has been refused by the court, the application may only be renewed (“renewal application”) where there has been a material change of circumstances since the court refused the application.

(2)    The applicant must—

(a)    identify in the renewal application each material change of circumstances which is alleged to have occurred; and

(b)    send the renewal application to the justices' chief executive for the court as soon as reasonably practicable after the change occurs.

(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 justices' chief executive for the court.

(4)    A party to whom the renewal application is sent in accordance with paragraph (3) above may oppose the application on the ground that it discloses no material change of circumstances.

(5)    Rule 2(6) to (12) above and rules 7 and 8 below apply to a renewal application as they apply to the application which was refused.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Criminal Procedure95 Criminal Evidence95

7 Application for special measures direction for witness to give evidence by means of a live television link

7Application for special measures direction for witness to give evidence by means of a live television link

(1)    Where the application for a special measures direction is made, in accordance with rule 2(2)(a) above, 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) above, 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) above does not apply in relation to a child witness in need of special protection within the meaning of section 21(1)(b) of the Act.

(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 court.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Criminal Procedure93 Criminal Evidence93

8 Video recording of testimony from witnesses

8Video recording of testimony from witnesses

(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) above must be accompanied by the video recording which it is proposed to tender in evidence and must include—

(a)    the name of the defendant and the offence to be charged;

(b)    the name and date of birth of the witness in respect of whom the application is made;

(c)    the date on which the video recording was made;

(d)    a statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness;

(e)    a statement that, in the opinion of the applicant, either—

(i)    the witness is available for cross-examination; or

(ii)    the witness is not available for cross-examination and the parties have agreed that there is no need for the witness to be so available;

(f)    a statement of the circumstances in which the video recording was made which complies with paragraph (4) below;

(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) below.

(4)    The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) above shall include the following information, except in so far as it is contained in the recording itself,—

(a)    the times at which the recording commenced and finished, including details of interruptions;

(b)    the location at which the recording was made and the usual function of the premises;

(c)    in relation to each person present at any point during, or immediately before, the recording—

(i)    their name, age and occupation;

(ii)    the time for which each person was present; and

(iii)    the relationship, if any, of each person to the witness and to the defendant;

(d)    in relation to the equipment used for the recording—

(i)    a description of the equipment;

(ii)    the number of cameras used;

(iii)    whether the cameras were fixed or mobile;

(iv)    the number and location of the microphones;

(v)    the video format used; and

(vi)    whether it offered single or multiple recording facilities and, if so, which were used; and

(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)    A party who receives a recording under paragraph (2) above must within 14 days of its receipt, notify the applicant and the justices' chief executive for the court, in writing—

(a)    whether he objects to the admission under section 27 of the Act of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted;

(b)    whether he would agree to the admission of part of the video recording or recordings and, if so, which part or parts; and

(c)    whether he wishes to be represented at any hearing of the application.

(6)    Notwithstanding the provisions of rule 2 and this rule, any video recording which the defendant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial.

(7)    The court may determine an application by the defendant to tender in evidence a video recording even though the recording has not, in accordance with paragraph (6) above, been served upon the prosecution.

(8)    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 court for the direction to be varied or discharged.

(9)    An application under paragraph (8) above may be made orally to the court.

(10)    A prosecutor who makes an application under paragraph (8) above must state—

(a)    why he objects to the admission under section 27 of the Act of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; and

(b)    whether he would agree to the admission of part of the video recording or recordings and, if so, which part or parts.

(11)    The court must, before determining the application,—

(a)    direct a hearing of the application; and

(b)    allow all the parties to the proceedings to be present and be heard on the application.

(12)    The justices' chief executive for the court must notify all parties to the proceedings of the decision of the court as soon as may be reasonable after the decision is given.

(13)    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.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Criminal Procedure92 Criminal Evidence92

9 Expert evidence

9Expert evidence

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—

(a)    furnish the other party or parties to those proceedings with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and

(b)    where a request is made to him in that behalf by any other party to those proceedings, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Trials99 Criminal Procedure93 Criminal Evidence93

10 Revocation

10Revocation

Rules 23 and 24 of the Magistrates' Courts (Children and Young Persons) Rules 1992 are hereby revoked.

NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Criminal Procedure94 Criminal Evidence94

Signature

Irvine of Lairg, C

Dated 28th June 2002

Criminal Procedure93 Criminal Evidence93

SCHEDULE Form of Application for a Special Measures Direction under Section 19 of the Youth Justice and Criminal Evidence Act 1999

SCHEDULE  Form of Application for a Special Measures Direction under Section 19 of the Youth Justice and Criminal Evidence Act 1999 Rule 2(1)

An application must be made—

(a)    where the application is made to a youth court, within 28 days of the date on which the defendant first appeared or was brought before a court in connection with an offence; or

(b)    on any other application, within 14 days of the date the defendant first indicated his intention to plead not guilty to any offence.

This form may also be used where an extension of time has been granted for the making of this application.

A copy of this form must be given at the same time to the other party or parties to the case.

PartATo be Completed by All Applicants
Details required Notes
Details of witness
Name of witness:
Date of birth of witness:
If an 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:
If the applicant is the prosecutor, give the name of the witness (otherwise leave blank):
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 to the extent that the disclosure is required by section 11 of the Criminal Justice Act 1967 (alibi).
Case details
Name of Crown Prosecution Service office:
Crown Prosecution Service number:
Defendant(s): surname:
forenames:
Case reference numbers:
(a)    unique reference number assigned by police:
(b)    trial number:
Court area:
The area in which the court hearing the case is situated.
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 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 in the area in which it is likely the hearing will take place:
Reasons for application
Give the grounds for believing the special measures being sought in this application will increase 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 —
(a) a special measures direction is already in force and application is being made to discharge or vary the direction; or
(b) a previous application for a special measures direction was refused and this application seeks to reverse that decision.
PartBTo be Completed if the Application is for Evidence to be Given Through a Live Television Link
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:
(d)    the relationship (if any) of this person to the witness:
Grounds
State why it is believed that this person should accompany the witness:
PartCTo be Completed if the Application is to Tender in Evidence a Video Recording under Section 27 of the Youth Justice and Criminal Evidence Act 1999
Details required Notes
Video recording(s)
Statement as to circumstances in which video recording made:These details need to be provided 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 defendant.
Equipment used
Give a description of the equipment used for the recording:The description must include the following information - number and type of cameras used (fixed or mobile); 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.
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 master tape:
When, and by whom, the copy was made:
Attendance and supply of copies
Is the witness willing and able to attend the trial for cross-examination?
Have copies of the video recording(s) to which this application relates been disclosed to the other parties?Where the application is by the defendant, the video recording(s) does not have to be served on the prosecution until the close of the prosecution case at the trial.
Has a copy of this notice and the video recording(s) to which it relates been served on each party to the proceedings?
Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought?
Signature of applicant
or
applicant's solicitor:
___________________________
Date:


_____________________
NOTES
Initial Commencement
Specified date

Specified date: 24 July 2002: see r 1(1).

Trials99 Criminal Procedure95 Criminal Evidence93 Prosecution & Pre-trial Procedure95

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Rules)

These Rules contain provisions relating to applications made in magistrates' courts for a special measures direction and replace similar provisions in the Magistrates' Courts (Children and Young Persons) Rules 1992. Provisions relating to special measures directions are contained in Part II of the Youth Justice and Criminal Evidence Act 1999.

Rule 2 provides for an application for a special measures direction to be made in the form specified in the Schedule to the Rules or a form to the like effect. Applications for a direction to give evidence by means of a live television link or by means of a video recording of the witness's testimony must provide the additional information specified in Part B or Part C of the form. Rule 3 makes provision for extending the time for making an application for a special measures direction and rule 4 provides for late applications.

Rule 5 provides for an application to be made to vary or discharge a special measures direction which has already been made. Rule 6 provides for renewal applications where a material change of circumstances has occurred since an application was refused.

Additional requirements are imposed where the application relates either to the giving of evidence by means of a live television link (rule 7) or the admission of a video recording of an interview of the witness as evidence in chief of the witness (rule 8).

Rule 9 provides for the mutual disclosure between the parties of expert evidence to be adduced in connection with the application for the special measures direction.

Rule 10 contains revocations.

Criminal Procedure94 Criminal Evidence94