Justice Act (Northern Ireland) 2011

Live links in the Court of Appeal N.I.

18—(1) The Court of Appeal may at any time give a live link direction in relation to any proceedings to which this section applies if a party to the proceedings (“P”) is expected to be in custody.

(2) This section applies to proceedings in the Court of Appeal—

(a) on an appeal under Part 4 of the Criminal Justice (Northern Ireland) Order 2004 (NI 9);

(b) on an appeal under section 74(8) of the Serious Organised Crime and Police Act 2005 (c. 15);

(c) on an appeal under section 24 of the Serious Crime Act 2007 (c. 27);

(d) on a reference under section 36 of the Criminal Justice Act 1988 (c. 33);

(e) on an application for bail under section 17 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47).

(3) For the purposes of this section—

(a) a “live link direction” is a direction that P (if P is being held in custody at the time of the proceedings) is to attend the proceedings through a live link from the place at which P is held;

(b) “live link” means an arrangement by which P is able to see and hear, and to be seen and heard by, the Court of Appeal (and for this purpose any impairment of eyesight or hearing is to be disregarded); and

(c) P is a party to any proceedings—

(i) in the case of an appeal, if P is the appellant or respondent or if the appeal relates to an order or ruling made in respect of P or made in respect of proceedings in which P is the accused;

(ii) in the case of a reference or application, if P's sentencing or admission to bail is the subject of the reference or application.

(4) The Court of Appeal—

(a) shall not give a live link direction unless—

(i) P has consented to the direction; and

(ii) any other party to the proceedings has had the opportunity to make representations about the giving of such a direction; and

(b) may rescind a live link direction at any time before or during any proceedings to which it applies (whether of its own motion or on the application of a party).

(5) The Court of Appeal must not give a live link direction unless—

(a) it has been notified by the Department that a live link is available between the Court and the institution at which P is expected to be in custody; and

(b) the notice has not been withdrawn.

(6) A live link direction does not apply to the giving of oral evidence by P at any hearing unless that direction, or any subsequent direction of the Court, provides expressly for the giving of such evidence through a live link.

(7) In section 45(2) of the Criminal Appeal (Northern Ireland) Act 1980 (powers exercisable by single judge) at the end of paragraph (fa) add “ or under section 18 of the Justice Act (Northern Ireland) 2011 ”.