(1)In this Part—
“legal representative” means [F1a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act),]
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3 “local justice area” has the same meaning as in the Courts Act 2003 (c. 39)],
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“witness”, in relation to any criminal proceedings, means a person called, or proposed to be called, to give evidence in the proceedings.
(2)In this Part “live link” means a live television link or other arrangement by which a witness, while at a place in the United Kingdom which is outside the building where the proceedings are being held, is able to see and hear a person at the place where the proceedings are being held and to be seen and heard by the following persons.
(3)They are—
(a)the defendant or defendants,
(b)the judge or justices (or both) and the jury (if there is one),
(c)legal representatives acting in the proceedings, and
(d)any interpreter or other person appointed by the court to assist the witness.
(4)The extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing is to be disregarded for the purposes of subsection (2).
(5)Nothing in this Part is to be regarded as affecting any power of a court—
(a)to make an order, give directions or give leave of any description in relation to any witness (including the defendant or defendants), or
(b)to exclude evidence at its discretion (whether by preventing questions being put or otherwise).
Textual Amendments
F1S. 56(1): words in definition of "legal representative" substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 146 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F2In s. 56(1) definition of "petty-sessional court-house" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100
F3In s. 56(1) definition of "local justice area" substituted (1.4.2005) for definition of "petty sessions area" by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100
F4In s. 56(1) definition of "rules of court" omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 48 (with art. 2(2))
Commencement Information
I1S. 56 wholly in force at 26.4.2010; s. 56 not in force at Royal Assent, see s. 336(3); s. 56 in force for certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 56 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(d) (with art. 4)