reg 4 Application for direction prohibiting appellant from cross-examining witness in person
(1) Subject to paragraph 8(a), an application by the Director for the judge advocate to give a direction under section 36 of the 1999 Act in relation to any witness must be sent to the court administration officer and at the same time a copy of the application must be sent by the applicant to every other party to the proceedings. (2) In his application the Director must state why, in his opinion— (a) the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the appellant in person; (b) the evidence would be improved if a direction were given under section 36(2) of the 1999 Act; and (c) it would not be contrary to the interests of justice to give such a direction. (3) On receipt of the application the court administration officer must refer it to the judge advocate. (4) Where a copy of the application is received by a party to the proceedings more than 14 days before the date set for the appeal proceedings to begin, that party may make observations in writing on the application to the court administration officer, but any such observations must be made within 14 days of the receipt of the application and be copied to the other parties to the proceedings. (5) A party to whom an application is sent in accordance with paragraph (1) who wishes to oppose the application must give his reasons for doing so to the court administration officer and the other parties to the proceedings. (6) Those reasons must be notified— (a) within 14 days of the date the application was served on him, if that date is more than 14 days before the date set for the appeal proceedings to begin; (b) if the appeal proceedings have begun, in accordance with any directions issued by the judge advocate; or (c) if neither sub-paragraph (a) nor sub-paragraph (b) applies, before the date set for the appeal proceedings to begin. (7) Where the application made in accordance with paragraph (1) is made before the date set for the appeal proceedings to begin and— (a) is not contested by any party to the proceedings, the judge advocate may determine the application without a hearing; (b) is contested by a party to the proceedings, the judge advocate must direct a hearing of the application. (8) Where the application is made after the appeal proceedings have begun— (a) the application may be made orally; and (b) the judge advocate may give such directions as he considers appropriate to deal with the application. (9) Where a hearing of the application is to take place, the court administration officer must notify each party to the proceedings of the time and place of the hearing. (10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard. (11) The court administration officer must, as soon as possible after the determination of an application made in accordance with paragraph (1), give notice of the decision and the reasons for it to all the parties to the proceedings. (12) A person making an oral application under paragraph (8)(a) must— (a) give reasons why the application was not made before the appeal proceedings commenced; and (b) provide the judge advocate with the information set out in paragraph (2).