Statutory Instrument 1992 No. 1847

The Crown Court (Amendment) Rules 1992

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© Crown Copyright 1992

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1992 No. 1847

SUPREME COURT OF ENGLAND AND WALES

The Crown Court (Amendment) Rules 1992

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) and (5) and section 32A(11) of the Criminal Justice Act 1988^[2], hereby make the following Rules:

    1.    These Rules may be cited as the Crown Court (Amendment) Rules 1992 and shall come into force on 1st October 1992.

    2.    In these Rules, "the principal rules" means the Crown Court Rules 1982^[3].

    3.    For rule 23A^[4] of the principal rules, there shall be substituted the following rule—

"Evidence through television link where witness is a child or is to be cross-examined after admission of a video recording
    23A.—(1)  Any party may apply for leave under section 32(1)(b) of the Criminal Justice Act 1988 for evidence to be given through a live television link where—
(a) the offence charged is one to which section 32(2) applies; and

(b) the evidence is to be given by a witness who is either—
(i) in the case of an offence falling within section 32(2)(a) or (b), under the age of 14; or

(ii) in the case of an offence falling within section 32(2)(c), under the age of 17; or

(iii) a person who is to be cross-examined following the admission under section 32A of that Act of a video recording of testimony from him;

and references in this rule to an offence include references to attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, that offence.

    (2)  An application under paragraph (1) shall be made by giving notice in writing, which shall be in the form prescribed in Schedule 5 or a form to the like effect.

    (3)  An application under paragraph (1) shall be made within 28 days after the date of the committal of the defendant, or of the consent to the preferment of a bill of indictment in relation to the case, or of the service of notice of transfer under section 53 of the Criminal Justice Act 1991, or of the service of Notice of Appeal from a decision of a youth court or magistrates' court, as the case may be.

    (4)  The notice under paragraph (2) 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.

    (5)  A party who receives a copy of a notice under paragraph (2) and who wishes to oppose the application shall within 14 days notify the applicant and the appropriate officer of the Crown Court, in writing, of his opposition, giving the reasons therefor.

    (6)  An application under paragraph (1) shall be determined by a judge of the Crown Court without a hearing, unless the judge otherwise directs, and the appropriate officer of the Crown Court shall notify the parties of the time and place of any such hearing.

    (7)  The appropriate officer of the Crown Court shall notify all the parties and any person who is to accompany the witness (if known) of the decision of the Crown Court in relation to an application under paragraph (1). Where leave is granted, the notification shall state—
(a) where the witness is to give evidence on behalf of the prosecutor, the name of the witness, and, if known, the name, occupation and relationship (if any) to the witness of any person who is to accompany the witness, and

(b) the location of the Crown Court at which the trial should take place.


    (8)  The period specified in paragraph (3) may be extended, either before or after it expires, on an application made in writing, specifying the grounds of the application and sent to the appropriate officer of the Crown Court, and a copy of the application shall be sent by the applicant to every other party to the proceedings. The appropriate officer of the Crown Court shall notify all the parties of the decision of the Crown Court.

    (9)  An application for extension of time under paragraph (8) shall be determined by a judge of the Crown Court without a hearing unless the judge otherwise directs.

    (10)  A witness giving evidence through a television link pursuant to leave granted under paragraph (7) shall be accompanied by a person acceptable to a judge of the Crown Court and, unless the judge otherwise directs, by no other person." .

    4.    After rule 23B^[5] of the principal rules, there shall be inserted the following rule—

"Video Recordings of testimony from child witnesses
    23C.—(1)  Any party may apply for leave under section 32A of the Criminal Justice Act 1988 to tender in evidence a video recording of testimony from a witness where—
(a) the offence charged is one to which section 32(2) of that Act applies;

(b) in the case of an offence falling within section 32(2)(a) or (b), the proposed witness is under the age of 14 or, if he was under 14 when the video recording was made, is under the age of 15;

(c) in the case of an offence falling within section 32(2)(c), the proposed witness is under the age of 17 or, if he was under 17 when the video recording was made, is under the age of 18; and

(d) the video recording is of an interview conducted between an adult and a person coming within sub-paragraph (b) or (c) above (not being the accused or one of the accused) which relates to any matter in issue in the proceedings;

and references in this rule to an offence include references to attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, that offence.

    (2)  An application under paragraph (1) shall be made by giving notice in writing, which shall be in the form prescribed in Schedule 7 or a form to the like effect. The application shall be accompanied by the video recording which it is proposed to tender in evidence and shall include the following, namely—
(a) the name of the defendant and the offence or offences 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 that in the opinion of the applicant the witness is willing and able to attend the trial for cross-examination;

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

(f) 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, an application under paragraph (1) 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)(e) and (3) above shall include the following information, except in so far as it is contained in the recording itself, namely—
(a) the times at which the recording commenced and finished, including details of any interruptions;

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

(c) the name, age and occupation of any person present at any point during the recording; the time for which he was present; his relationship (if any) to the witness and to the defendant;

(d) a description of the equipment used including the number of cameras used and whether they were fixed or mobile; the number and location of microphones; the video format used and whether there were single or multiple recording facilities;

(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)  An application under paragraph (1) shall be made within 28 days after the date of the committal for trial of the defendant, or of the giving of a notice of transfer under section 53 of the Criminal Justice Act 1991, or of consent to the preferment of a bill of indictment in relation to the case, or of the service of Notice of Appeal from a decision of a youth court or magistrates' court, as the case may be.

    (6)  The period of 28 days in paragraph (5) may be extended by a judge of 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.

    (7)  The notice under paragraph (2) or (6) shall be sent to the appropriate officer of the Crown Court and at the same time, copies thereof shall be sent by the applicant to every other party to the proceedings. Copies of any video recording required by paragraph (2) or (3) to accompany the notice shall at the same time be sent to the court and to any other party who has not already been served with a copy or in the case of a defendant acting in person, shall be made available for viewing by him.

    (8)  A party who receives a copy of a notice under paragraph (2) shall, within 14 days of service of the notice, notify the applicant and the appropriate officer of the Crown Court, in writing—
(a) whether he objects to the admission of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for it to be admitted; and

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

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


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

(b) where any party notifies the appropriate officer of the Crown Court pursuant to paragraph (8) that he objects to the admission of any part of the video recording and that he wishes to be represented at any hearing, or in any other case where the judge so directs, at a hearing at which the applicant and such other party or parties as the judge 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.

    (10)  The appropriate officer of the Crown Court shall within 3 days of the decision of the Crown Court in relation to an application under paragraph (1) being made, notify all the parties of it in the Form prescribed in Schedule 8 or a form to the like effect, and, where leave is granted, the notification shall state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence." .

    5.    For Schedule 5 to the principal rules, there shall be substituted the form set out in Schedule 1 to these Rules.

    6.    There shall be inserted after Schedule 6 to the principal rules, the Schedules set out in Schedule 2 to these Rules.

Mackay of Clashfern , C.

Taylor , C.J.,

Russell , L.J.,

J. A. Henham,

Michael McKenzie,

P. F. Guggenheim,

David Jeffreys,

M. D. L. Kalisher,

L. Naylor,

S. T. Hammond,

Geoffrey Rivlin.

Dated 27th July 1992

[1] 1981 c. 54. back

[2] 1988 c. 33; section 32 was amended by the Criminal Justice Act 1991 (c. 53), section 55. Section 32A was inserted by section 54 of that Act. back

[3] S.I. 1982/1109; the relevant amending instrument is S.I. 1988/2160. back

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

[5] Rule 23B was inserted by S.I. 1990/2157. back

Explanatory Note