Statutory Instrument 1990 No. 2157 (L. 20)

The Crown Court (Amendment) Rules 1990

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© Crown Copyright 1990

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1990 No. 2157 (L. 20)

SUPREME COURT OF ENGLAND AND WALES

The Crown Court (Amendment) Rules 1990

We, the Crown Court Rule Committee, in exercise of the powers conferred on us by sections 84(1) and 86 of the Supreme Court Act 1981^[1], and section 32(4) of the Criminal Justice Act 1988^[2], hereby make the following Rules:

    1.    These Rules may be cited as the Crown Court (Amendment) Rules 1990 and shall come into force on 26th November 1990.

    2.    The Crown Court Rules 1982(^[3]) shall be amended by inserting after rule 23A^[4] the following rule:

"Evidence through television link where witness is outside United Kingdom
    23B.—(1)  Any party may apply for leave under section 32(1) of the Criminal Justice Act 1988 for evidence to be given through a live television link by a witness who is outside the United Kingdom.

    (2)  An application under paragraph (1), and any matter relating thereto which, by virtue of the following provisions of this rule, falls to be determined by the Crown Court, may be dealt with in chambers by any Judge of the Crown Court.

    (3)  An application under paragraph (1) shall be made by giving notice in writing, which shall be in the form prescribed in Schedule 6 or a form to the like effect.

    (4)  An application under paragraph (1) shall be made within 28 days after the date of the committal of the defendant or, as the case may be, of the giving of a notice of transfer under section 4(1)(c) of the Criminal Justice Act 1987^[5], or of the preferral of a bill of indictment in relation to the case.

    (5)  The period of 28 days in paragraph (4) may be extended by the Crown Court, either before or after it expires, on an application made in writing, specifying the grounds of the application. The appropriate officer of the Crown Court shall notify all the parties of the decision of the Crown Court.

    (6)  The notice under paragraph (3) or any application under paragraph (5) shall be sent to the appropriate officer of the Crown Court and at the same time a copy thereof shall be sent by the applicant to every other party to the proceedings.(7) A party who receives a copy of a notice under paragraph (3) shall, within 28 days of the date of the notice, notify the applicant and the appropriate officer of the Crown Court, in writing —
(a) whether or not he opposes the application, giving his reasons for any such opposition, and

(b) whether or not he wishes to be represented at any hearing of the application.


    (8)  After the expiry of the period referred to in paragraph (7), the Crown Court shall determine whether an application under paragraph (1) is to be dealt with —
(a) without a hearing, or

(b) at a hearing at which the applicant and such other party or parties as the court may direct may be represented,

and the appropriate officer of the Crown Court shall notify the applicant and, where necessary, the other party or parties, of the time and place of any such hearing.

    (9)  The appropriate officer of the Crown Court shall notify all the parties of the decision of the Crown Court in relation to an application under paragraph (1) and, where leave is granted, the notification shall state —
(a) the country in which the witness will give evidence,

(b) if known, the place where the witness will give evidence,

(c) where the witness is to give evidence on behalf of the prosecutor, or where disclosure is required by section 11 of the Criminal Justice Act 1967^[6] (alibi) or by rules under section 81 of the Police and Criminal Evidence Act 1984^[7] (expert evidence), the name of the witness,

(d) the location of the Crown Court at which the trial should take place, and

(e) any conditions specified by the Crown Court in accordance with paragraph (10).



    (10)    The Crown Court dealing with an application under paragraph (1) may specify that as a condition of the grant of leave the witness should give the evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the trial judge may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence." .

    3.    The Crown Court Rules 1982 shall be further amended by adding the Schedule set out in the Schedule to these Rules.

Mackay of Clashfern, C.,

Lane, C. J.,

Russell, L. J.,

J. A. Henham,

Richard Lowry,

Michael McKenzie,

P.F. Guggenheim,

David Jeffreys,

M. D. L. Kalisher,

L. Naylor,

S. T. Hammond.

30th October 1990

[1] 1981 c. 54. back

[2] 1988 c. 33. back

[3] S.I. 1982/1109, amended by S.I. 1988/2160, and to which there are other amendments not relevant to these Rules. back

[4] Rule 23A was inserted by S.I. 1988/2160. back

[5] 1987 c. 38. back

[6] 1967 c. 80. back

[7] 1984 c. 60; S.I. 1987/716. back

Explanatory Note