xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IIU.K. Giving of evidence or information for purposes of criminal proceedings

Chapter IE+W Special measures directions in case of vulnerable and intimidated witnesses

Modifications etc. (not altering text)

C1Pt. 2 Chs. 1-3 amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

C2Pt. 2 Ch. 1 applied (with modifications) by 1998 c. 37, s. 1I(2)(3) (as inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s))

C3Pt. 2 Ch. 1 applied (with modifications) (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 31(1)-(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(a)

C4Pt. 2 Ch. 1 applied (with modifications) (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 16(1)-(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(a)

C5Pt. 2 Ch. 1 applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 33(1)(2), 63(2); S.I. 2016/553, reg. 2

C6Pt. 2 Ch. 1 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 340(1)(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

Special measuresE+W

24 Evidence by live link.E+W

(1)A special measures direction may provide for the witness to give evidence by means of a live link.

[F1(1A)Such a direction may also provide for a specified person to accompany the witness while the witness is giving evidence by live link.

(1B)In determining who may accompany the witness, the court must have regard to the wishes of the witness.]

(2)Where a direction provides for the witness to give evidence by means of a live link, the witness may not give evidence in any other way without the permission of the court.

(3)The court may give permission for the purposes of subsection (2) if it appears to the court to be in the interests of justice to do so, and may do so either—

(a)on an application by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or

(b)of its own motion.

(4)In subsection (3) “the relevant time” means—

(a)the time when the direction was given, or

(b)if a previous application has been made under that subsection, the time when the application (or last application) was made.

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this Chapter “live link” means a live television link or other arrangement whereby a witness, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the persons specified in section 23(2)(a) to (c).

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 24 wholly in force at 24.7.2002; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 24 in force in so far as not already in force at 24.7.2002 by S.I. 2002/1739, art. 2(a)