Coronavirus Act 2020

Live links in criminal proceedings E+W

2 (1) Section 51 has effect as if amended in accordance with sub-paragraphs (2) to (8). E+W

(2) For subsection (1) there were substituted—

“(1) A person may, if the court so directs, take part in eligible criminal proceedings through—

(a) a live audio link, or

(b) a live video link.

(1A) A direction under this section may be given for a judge or justice to take part in eligible criminal proceedings through a live audio link or a live video link.

(1B) But no direction under this section may be given for any member of a jury to take part in eligible criminal proceedings through a live audio link or a live video link.”

(3) In subsection (2)—

(a) for the words before paragraph (a) there were substituted—

“(2) In this Part “eligible criminal proceedings” means—”;

(b) for paragraph (b) there were substituted—

“(b) a criminal appeal to the Crown Court and any proceedings that are preliminary or incidental to such an appeal,”;

(c) in paragraph (c) after “indictment” there were inserted “ or any other trial in the Crown Court for an offence ”;

(d) after paragraph (c) there were inserted—

“(ca) proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964,

(cb) proceedings under Part 3 of the Mental Health Act 1983,

(cc) proceedings under—

(i) section 11 of the Powers of the Criminal Courts (Sentencing) Act 2000, or

(ii) section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates' court on adjourning a case under that section of the 2000 Act,”;

(e) in paragraph (d), after “Court of Appeal” there were inserted “ and any proceedings that are preliminary or incidental to such an appeal ”;

(f) after paragraph (d) there were inserted—

“(da) a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference,”;

(g) in paragraph (e), after “Criminal Appeal Act 1995 (c.35)” there were inserted “ and any proceedings that are preliminary or incidental to such a hearing ”;

(h) in paragraph (f), “and” were omitted;

(i) after paragraph (f) there were inserted—

“(fa) a hearing under section 142(1) or (2) of the Magistrates' Courts Act 1980 or under section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 [F1 or section 385 of the Sentencing Code],”;

(j) in paragraph (g), for “Act.” there were substituted “ Act and any proceedings that are preliminary or incidental to such a hearing, and ”;

(k) after paragraph (g) there were inserted—

“(h) any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted;

but hearings to which Part 3A of the Crime and Disorder Act 1998 applies (see section 57A(1) of that Act) are not eligible criminal proceedings. ”

(4) For subsection (4) there were substituted—

“(4) But the court may not give a direction for a person to take part in eligible criminal proceedings through a live audio link or a live video link unless—

(a) the court is satisfied that it is in the interests of justice for the person concerned to take part in the proceedings in accordance with the direction through the live audio link or through the live video link,

(b) the parties to the proceedings have been given the opportunity to make representations, and

(c) the relevant youth offending team has been given the opportunity to make representations, if it is a case where the defendant is a party to the proceedings and either—

(i) the defendant has not attained the age of 18 years, or

(ii) the defendant has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.”

(5) After subsection (4) there were inserted—

“(4A) The power conferred by this section includes power to give—

(a) a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings;

(b) a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence);

(c) a direction for a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link.

(4B) The power of the court to give a direction under this section is subject to Schedule 3A (prohibitions and limitations on use of live links).

(4C) The court may vary a live link direction under this section; and the provisions of this Part that apply to the giving of such a direction also apply to the variation of such a direction.

(4D) If a court gives a live link direction under this section for a person to take part in particular proceedings by giving evidence through a live audio link or a live video link, the person may not give evidence except in accordance with the direction.

(4E) The court may rescind a live link direction under this section at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court's power to give a further live link direction in relation to the proceedings).

(4F) A live link direction under this section may not be rescinded unless—

(a) the court is satisfied that it is in the interests of justice for the direction to be rescinded,

(b) the parties to the proceedings have been given the opportunity to make representations,

(c) the relevant youth offending team has been given the opportunity to make representations, if it is a case where the defendant is a party to the proceedings and either—

(i) the defendant has not attained the age of 18 years, or

(ii) the defendant has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.

(4G) A live link direction under this section may be varied or rescinded by the court of its own motion or on an application by a party; but such an application may not be made unless there has been a material change of circumstances since the direction was given.

(4H) If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person to take part in that hearing through—

(a) a live audio link, or

(b) a live video link.”

(6) Subsection (5) were omitted.

(7) In subsection (6), after “give” there were inserted “ or rescind ”.

(8) For subsection (7) there were substituted—

“(7) Those circumstances include in particular—

(a) in the case of a direction relating to a witness—

(i) the importance of the witness's evidence to the proceedings;

(ii) whether a direction might tend to inhibit any party to the proceedings from effectively testing the witness's evidence;

(b) in the case of a direction relating to any participant in the proceedings—

(i) the availability of the person;

(ii) the need for the person to attend in person;

(iii) the views of the person;

(iv) the suitability of the facilities at the place where the person would take part in the proceedings in accordance with the direction;

(v) whether the person will be able to take part in the proceedings effectively if he or she takes part in accordance with the direction.”

(9) After subsection (8) there were inserted—

“(9) The following functions of a magistrates' court under this section may be discharged by a single justice—

(a) giving a live link direction under this section;

(b) rescinding a live link direction before the eligible criminal proceedings concerned begin; and

(c) requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).

(10) A court may not refuse or revoke bail for a person (P) at eligible criminal proceedings if—

(a) any person takes part in the proceedings— other than for the purpose of giving evidence — through a live audio link, and

(b) P objects to the refusal or revocation.

(11) But subsection (10) does not apply if section 4 of the Bail Act 1976 does not apply to P.

(12) A court may not deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at eligible criminal proceedings in which any person takes part — other than for the purpose of giving evidence — through a live audio link.”

(10) Section 52 were omitted.

Textual Amendments

F1 Words in Sch. 23 para. 2(3)(i) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 301(2) (with Sch. 27); S.I. 2020/1236, reg. 2