PART 3PROCEEDINGS: GENERAL

Evidence through live link14

1

If for the time being section 32(1) of the Criminal Justice Act 1988 M1 has effect in relation to proceedings before the Court Martial Appeal Court—

a

any application for a person other than the accused to give evidence under section 32(1) of that Act must be made by serving a notice in writing on the registrar stating—

i

the grounds of the application;

ii

the name of the witness;

iii

the country and place where it is expected the witness will be when giving evidence;

b

the application must not, without the permission of the court, be made fewer than 14 days before the date fixed for the hearing to which the application relates.

2

If for the time being section 33A(2) of the Youth Justice and Criminal Evidence Act 1999 M2 applies to proceedings before the Court Martial Appeal Court—

a

any application under section 33A(2) of that Act must be made by serving a notice in writing on the registrar stating the grounds of the application;

b

the application must not, without the permission of the court, be made fewer than 14 days before the date fixed for the hearing to which the application relates.

3

The registrar must, as soon as practicable after receiving a notice referred to in paragraph (1) or (2), send a copy of the notice to the other parties to the proceedings.

4

An application under paragraph (1) or (2) shall be decided without a hearing unless the court otherwise directs, and the registrar must notify the applicant and the other parties to the proceedings of the time and place of any hearing and of the decision of the court in relation to an application.