reg 99 Variation or discharge of special measures direction
(1) A judge advocate may vary or discharge a special measures direction if it appears to him to be in the interests of justice to do so. (2) A judge advocate may exercise the power conferred by paragraph (1)— (a) on an application made by a party to the proceedings; or (b) of the judge advocate's own motion. (3) An application under this rule must be made in writing to the court administration officer, unless— (a) a judge advocate gives leave for it to be made orally; or (b) paragraph (8) applies. (4) A copy of a written application under this rule must be served on each other party to the proceedings. (5) Where a written application has been made under this rule, a judge advocate may— (a) grant the application without a hearing; or (b) direct a hearing. (6) But the application may not be granted without a hearing unless— (a) at least 14 days have elapsed since the application was served on each other party to the proceedings; and (b) no other party has served notice on the court administration officer that he opposes the application. (7) Rule 97(8) applies in relation to a hearing of the application as it applies in relation to a hearing of an application for a special measures direction. (8) Where the direction was made on the application of a defendant and includes provision for the admission of a video recording which had not been served on the Director, the Director may make an oral application without leave. (9) A judge advocate who varies or discharges, or refuses an application for the variation or discharge of, a special measures direction must state in open court his reasons for doing so. (10) In this rule, references to the variation of a special measures direction include the further variation of a direction previously varied.