D P, R v

Trial on indictment � prosecution for rape, assaults and threats to kill � defence witnesses based abroad � evidence by live link � Article 80A PACE � jurisdiction of the court � factors to take into account � common law right to fair trial � Article 6 ECHR � Rule 44P, Crown Court Rules � direction to jury.

Section 32(4) makes provision for corresponding rules of court. Section 32 initially came into operation, in part, on 5 th January 1989, when subsections (1)(a) and (3) were omitted. With effect from 26 th November 1990, the Criminal Justice Act 1988 (Commencement No. 12) Order 1990 brought the remainder of the Section into operation for the following purposes:

Ultimately, Section 32(1)(a) and (3) were brought fully into operation by the Criminal Justice Act 1988 (Commencement No. 14) Order 2004, with effect from 1 st September 2004, but confined to proceedings falling within the ambit of subsection (1A)(a).

Section 51 has been the subject of limited commencement. With effect from 7 th December 2007, it has been in operation in relation to proceedings initiated on or subsequent to that date in the Crown Court for specified sexual offences [see SI 2007/3451, Articles 2-4]. For the moment, therefore, Section 32 of the 1988 Act and Section 51 of the 2003 Act coexist. While it might appear that the legislative intention is that, ultimately, Section 51, with its more elaborate model, should replace Section 32 this is not entirely clear and is not material for the purposes of the present ruling.

During argument, specific attention to this provision was directed on behalf of the Defendant. Where prosecution witnesses are concerned, the European Court has said the following: