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The Criminal Justice (Northern Ireland) Order 1998

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Changes over time for: Section 5

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Version Superseded: 02/02/2009

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Use of live television links at hearings for the purposes of remandN.I.

5.—(1) In any proceedings for an offence, a court may, after hearing representations from the parties, direct that the accused shall be treated as being present in the court for any particular hearing before the start of the trial (other than a hearing at which the court may commit the accused for trial) if, during that hearing—

(a)he is held in custody in a prison or other institution; and

(b)whether by means of a live television link or otherwise, he is able to see and hear the court and to be seen and heard by it.

(2) A court shall not give a direction under paragraph (1) unless—

(a)it has been notified by the Secretary of State that facilities are available for enabling persons held in custody in the institution in which the accused is or is to be so held to see and hear the court and to be seen and heard by it; and

(b)the notice has not been withdrawn.

(3) If in a case where it has power to do so a magistrates' court decides not to give a direction under paragraph (1), it shall give its reasons for not doing so.

[F1(3A) Subject to paragraph (3B), if it appears to the court—

(a)that the accused is not able to see and hear the court and to be seen and heard by it; and

(b)that this cannot be immediately corrected,

the court shall adjourn the hearing.

(3B) The court may proceed with the hearing if it is satisfied that it is not reasonably practicable to bring the accused to court before he ceases to be held in custody.

(3C) If the court proceeds with the hearing under paragraph (3B) it shall not remand the accused in custody for a period exceeding eight days commencing on the day following that on which it remands him.]

(4) In this Article “the start of the trial”

(a)in the case of a trial on indictment, has the meaning given by section 39(3) of the [1996 c. 25.] Criminal Procedure and Investigations Act 1996; and

(b)in the case of a summary trial, shall be taken to occur—

(i)when the court begins to hear evidence for the prosecution at the trial or to consider whether to exercise its power under Article 44(4) of the [1986 NI 4.] Mental Health (Northern Ireland) Order 1986 (power to make hospital order without convicting the accused), or

(ii)if the court accepts a plea of guilty without proceeding as mentioned in head (i), when that plea is accepted.

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