The Criminal Justice (Northern Ireland) Order 2008

Use of live link at preliminary hearings N.I.

80.—(1) This Article applies in relation to a preliminary hearing in a magistrates' court [F1 , the Crown Court or the High Court].

(2) Where it appears to the court before which the preliminary hearing is to take place that the accused is likely to be held in custody [F2 or detained in hospital] during the hearing, the court may give a live link direction under this Article in relation to the attendance of the accused at the hearing.

(3) A live link direction under this Article is a direction requiring the accused, if he is being held in custody [F2 or detained in hospital] during the hearing, to attend it through a live link from the place at which he is being held [F3 or detained] .

(4) If a hearing takes place in relation to the giving or rescinding of such a direction, the court may require or permit a person attending the hearing to do so through a live link.

(5) The court shall not give or rescind a live link direction under this Article (whether at a hearing or otherwise) unless the parties to the proceedings have been given the opportunity to make representations.

(6) If in a case where it has power to do so a magistrates' court decides not to give a live link direction under this Article, it shall—

(a) state in open court its reasons for not doing so; and

(b) cause those reasons to be entered in the Order Book.

(7) Subject to paragraph (8), if where the accused is attending a preliminary hearing through a live link 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.

(8) 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 [F4 or detained in hospital] .

(9) If the court proceeds with the hearing under paragraph (8) it shall not remand the accused in custody for a period exceeding 8 days commencing on the day following that on which it remands him.

Textual Amendments

F1 Words in art. 80(1) substituted (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 15(2), 111(3) (with s. 106(4)); S.R. 2011/224, art. 2

F2 Words in art. 80(2)(3) inserted (29.4.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 54(1)(a), 106(2) (with Sch. 8 para. 6(1)); S.R. 2016/136, art. 4(c)

F3 Words in art. 80(3) added (29.4.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 54(2)(a), 106(2) (with Sch. 8 para. 6(1)); S.R. 2016/136, art. 4(c)

F4 Words in art. 80(8) inserted (29.4.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 54(1)(a), 106(2) (with Sch. 8 para. 6(1)); S.R. 2016/136, art. 4(c)

Modifications etc. (not altering text)

C1 Art. 80 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 110(10) (with reg. 110(12))