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The Summary Appeal Court (Youth Justice and Criminal Evidence Act 1999) Rules 2015

The Summary Appeal Court (Youth Justice and Criminal Evidence Act 1999) Rules 2015 reg 5

reg 5 Restrictions on cross-examination of witness

(1) This rule and rules 6 and 7 apply where an appellant is prevented from cross-examining a witness in person by virtue of section 35 or a direction under section 36 of the 1999 Act. (2) The judge advocate must explain to the appellant, as early in the proceedings as is reasonably practicable, that he— (a) is prevented from cross-examining a witness in person; and (b) should arrange for a legal representative to act for him for the purpose of cross-examining the witness. (3) The appellant must notify the court administration officer of the action, if any, he has taken within 7 days of the judge advocate giving his explanation, or within such other period as the judge advocate may in any particular case allow. (4) Where he has arranged for a legal representative to act for him, the notification must include details of the name and address of the representative. (5) The notification must be in writing. (6) The court administration officer must notify all other parties to the proceedings of the name and address of the person, if any, appointed to act for the appellant. (7) Where at the end of the period of 7 days or such other period as the judge advocate has allowed, the court administration officer has received no notification from the appellant, the judge advocate may grant the appellant an extension of time, whether on his own motion or on the application of the appellant. (8) Before granting an extension of time, the judge advocate may hold a hearing at which all the parties to the proceedings may attend and be heard. (9) Any extension of time shall be of such period as the judge advocate considers appropriate in the circumstances of the case. (10) The decision of the judge advocate as to whether to grant the appellant an extension of time must be notified to all the parties to the proceedings by the court administration officer.

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