reg 78 Special measures direction relating to eligible witness
(1) Subject to the special measures provisions and this Chapter, the court may give a special measures direction in relation to a witness if— (a) the witness is an eligible witness; and (b) any of the special measures available in relation to the witness (or any combination of them) would, in the court's opinion, be likely to improve the quality of evidence given by the witness. (2) A special measures direction must specify particulars of the provision made by the direction in respect of each special measure which is to apply to the witness's evidence. (3) In determining whether any special measure or measures would be likely to improve the quality of evidence given by the witness, and if so whether to give a direction providing for the measure or measures to apply, the court must consider all the circumstances of the case, including in particular— (a) any views expressed by the witness; and (b) whether the measure or measures might tend to inhibit such evidence being effectively tested by a party to the proceedings. (4) Where there are two or more defendants— (a) any reference to the defendant in the special measures provisions may be taken, in connection with the giving of a special measures direction, as a reference to all or any of the defendants, as the court may determine; and (b) any such direction may be given on the basis of any such determination. (5) A special measures direction may provide for one or more special measures to apply in combination with a direction under rule 18 (live links), and for the purposes of this Chapter a measure would be likely to improve the quality of the witness's evidence if, were it combined with such a direction, it would be likely to do so. (6) The court may give a special measures direction— (a) on an application made by a party to the proceedings; or (b) of its own motion. (7) A judge advocate who gives, or refuses an application for, a special measures direction must state in open court his reasons for doing so. (8) Nothing in this Chapter is to be regarded as affecting any power of the court to make an order or give leave of any description— (a) in relation to a witness who is not an eligible witness; or (b) in relation to an eligible witness, where the order is made or the leave is given otherwise than by reason of the fact that the witness is an eligible witness.