Crime and Disorder Act 1998

[F1 57E Use of live link in sentencing hearings E+W

(1) This section applies where the accused is convicted of the offence.

(2) If it appears to the court by or before which the accused is convicted that it is likely that he will be held in custody during any sentencing hearing for the offence, the court may give a live link direction under this section in relation to that hearing.

(3) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.

(4) Such a direction—

(a) may be given by the court of its own motion or on an application by a party; and

(b) may be given in relation to all subsequent sentencing hearings before the court or to such hearing or hearings as may be specified or described in the direction.

(5) The court may not give such a direction unless—

(a) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the court is satisfied that it is not contrary to the interests of justice to give the direction.

(6) The court may rescind such a direction at any time before or during a hearing to which it relates if it appears to the court to be in the interests of justice to do so (but this does not affect the court's power to give a further live link direction in relation to the offender).

The court may exercise this power of its own motion or on an application by a party.

(7) The offender may not give oral evidence while attending a hearing through a live link by virtue of this section unless—

(a) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the court is satisfied that it is not contrary to the interests of justice for him to give it in that way.

(8) The court must—

(a) state in open court its reasons for refusing an application for, or for the rescission of, a live link direction under this section; and

(b) if it is a magistrates' court, cause those reasons to be entered in the register of its proceedings.]

Textual Amendments

F1 Pt. 3A (ss. 57A-57E) substituted for s. 57 (15.1.2007 for specified purposes, 1.4.2007 for specified purposes, 14.11.2008 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 45, 53(1); S.I. 2006/3364, art. 2(g) (with art. 4); S.I. 2007/709, art. 3(n) (with art. 6); S.I. 2008/2785, art. 2; S.I. 2011/2144, art. 2(1)(a); S.I. 2012/2373, art. 2(a)

F2 S. 57E(5)(a) and word repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(5)(a), 178, 182(5), Sch. 23 Pt. 3; S.I. 2009/3253, art. 2(a)(ii); S.I. 2010/816, art. 2, Sch. para. 22(a)(i)

F3 S. 57E(7)(a) and word repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(5)(b), 178, 182(5), Sch. 23 Pt. 3; S.I. 2009/3253, art. 2(a)(ii); S.I. 2010/816, art. 2, Sch. para. 22(a)(i)

Modifications etc. (not altering text)

C1 S. 57E applied (15.1.2007) by Serious Organised Crime and Police Act 2005 (c. 15), s. 75A (as inserted by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 14 para. 62; S.I. 2006/3364, art. 2(k) (with art. 4) (as amended by S.I. 2007/29, art. 2))