265.This section enables a court to authorise witnesses, other than the defendant, to give evidence through a live link in certain criminal proceedings. “Live link” is defined in section 56(2) and will usually mean a closed circuit television link, but could apply to any technology with the same effect such as video conferencing facilities or the internet.
266.Subsections (4)(a) and (4)(b) provide that a court may only authorise the use of a live link if:
it is in the interests of the efficient or effective administration of justice for the witness to give evidence by way of a live link (for example, a witness may be able to give evidence from his place of work in a different part of the United Kingdom rather than have to travel to court); and
the court has been notified by the Secretary of State that suitable facilities are available in the area where the proceedings are to take place: this will allow for phased implementation of the facilities required for live links. The responsibility for ensuring that there are facilities in the remote location from which the witness intends to give evidence falls to the parties and is therefore not covered by this section.
267.Subsection (6) directs the court to consider all the circumstances of the case when deciding whether to authorise the use of a live link and subsection (7) points out some of the most important considerations the court must take into account.
268.This section provides that where a direction for a live link has been given that witness must give all their evidence through a live link. This makes it clear that any cross-examination of the witness is also to be given by live link, although the court can rescind a direction if it seems to be in the interests of justice to do so. A party may only apply for the direction to be rescinded if there has been a material change of circumstances since the decision was made. An example of when a direction might be rescinded is where problems with the live link technology arise after a direction has been given.
269.Lack of facilities in particular areas or courts should, as far as possible, not frustrate the aims of this Part. Section 53 therefore allows a magistrates’ court to move temporarily to a different location where the necessary live link facilities are available.
270.This section allows the judge to give directions to the jury, if necessary, to ensure that they give the same weight to evidence given through a live link as they would, had the evidence been given by the witness in person in court.
271.The rule-making power provided by this section will enable rules of court to be made governing the procedure to be followed when an application is made for evidence to be given through a live link. Such rules may also make provision as to the arrangements which must be put in place in connection with the operation of live links.
272.Subsection (5) makes clear that the provisions in this Part of the Act are not intended to affect the inherent discretion of the court to authorise evidence to be heard by live link in circumstances not covered by section 51, or to make to make any other directions or orders in relation to witnesses, including the defendant.