- Latest available (Revised)
- Point in Time (01/07/2005)
- Original (As enacted)
No versions valid at: 01/07/2005
Point in time view as at 01/07/2005. This version of this part contains provisions that are not valid for this point in time.
Crime and Disorder Act 1998,
Part 3A
is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 15/01/2007
(1)This Part—
(a)applies to preliminary hearings and sentencing hearings in the course of proceedings for an offence; and
(b)enables the court in the circumstances provided for in sections 57B, 57C and 57E to direct the use of a live link for securing the accused's attendance at a hearing to which this Part applies.
(2)The accused is to be treated as present in court when, by virtue of a live link direction under this Part, he attends a hearing through a live link.
(3)In this Part—
“custody”—
includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969; but
does not include police detention;
“live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);
“police detention” has the meaning given by section 118(2) of the Police and Criminal Evidence Act 1984;
“preliminary hearing” means a hearing in the proceedings held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the 1985 Act) including, in the case of proceedings in the Crown Court, a preparatory hearing held under—
section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud); or
section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases);
“sentencing hearing” means any hearing following conviction which is held for the purpose of—
proceedings relating to the giving or rescinding of a direction under section 57E;
proceedings (in a magistrates' court) relating to committal to the Crown Court for sentencing; or
sentencing the offender or determining how the court should deal with him in respect of the offence.
(1)This section applies in relation to a preliminary hearing in a magistrates' court or the Crown 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 during the hearing, the court may give a live link direction under this section in relation to the attendance of the accused at the 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)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 such a direction (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 section, it must—
(a)state in open court its reasons for not doing so; and
(b)cause those reasons to be entered in the register of its proceedings.
Valid from 01/04/2007
(1)This section applies in relation to a preliminary hearing in a magistrates' court.
(2)Where subsection (3) or (4) applies to the accused, the court may give a live link direction in relation to his attendance at the preliminary hearing.
(3)This subsection applies to the accused if—
(a)he is in police detention at a police station in connection with the offence; and
(b)it appears to the court that he is likely to remain at that station in police detention until the beginning of the preliminary hearing.
(4)This subsection applies to the accused if he is at a police station in answer to live link bail in connection with the offence.
(5)A live link direction under this section is a direction requiring the accused to attend the preliminary hearing through a live link from the police station.
(6)But a direction given in relation to an accused to whom subsection (3) applies has no effect if he does not remain in police detention at the police station until the beginning of the preliminary hearing.
(7)A live link direction under this section may not be given unless the accused has given his consent to the court.
(8)A magistrates' court may rescind a live link direction under this section at any time before or during a hearing to which it relates.
(9)A magistrates' court may require or permit—
(a)the accused to give or withhold consent under subsection (7) through a live link; and
(b)any party to the proceedings who wishes to make representations in relation to the giving or rescission of a live link direction under this section to do so through a live link.
(10)Where a live link direction under this section is given in relation to an accused person who is answering to live link bail he is to be treated as having surrendered to the custody of the court (as from the time when the direction is given).
(11)In this section, “live link bail” means bail granted under Part 4 of the Police and Criminal Evidence Act 1984 subject to the duty mentioned in section 47(3)(b) of that Act.
(1)Subsection (2) applies where—
(a)a live link direction under section 57B or 57C is in force;
(b)the accused is attending a preliminary hearing through a live link by virtue of the direction;
(c)the court convicts him of the offence in the course of that hearing (whether by virtue of a guilty plea or an indication of an intention to plead guilty); and
(d)the court proposes to continue the hearing as a sentencing hearing in relation to the offence.
(2)The accused may continue to attend through the live link by virtue of the direction if—
(a)the hearing is continued as a sentencing hearing in relation to the offence;
(b)the accused consents to his continuing to attend through the live link; and
(c)the court is satisfied that it is not contrary to the interests of justice for him to do so.
(3)But the accused may not give oral evidence through the live link during a continued hearing under subsection (2) unless—
(a)he consents to give evidence in that way; and
(b)the court is satisfied that it is not contrary to the interests of justice for him to give it in that way.
(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)the offender has given his consent to the direction; and
(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)he consents to give evidence in that way; and
(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.
Modifications etc. (not altering text)
C1S. 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))
Valid from 14/12/2009
(1)This section applies where—
(a)a confiscation order is made against a person; and
(b)the amount required to be paid under the order is not paid when it is required to be paid.
(2)If it appears to the court before which an enforcement hearing relating to the confiscation order is to take place that it is likely that the person will be held in custody at the time of the hearing, 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 person, if the person is being held in custody at the time of the hearing, to attend it through a live link from the place at which the person 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 enforcement hearings before the court or to such hearing or hearings as may be specified or described in the direction.
(5)The court may rescind a live link direction under this section at any time before or during a hearing to which it relates.
(6)The court may not give or rescind a live link direction under this section (whether at a hearing or otherwise) unless the parties to the proceedings have been given the opportunity to make representations.
(7)If a hearing takes place in relation to the giving or rescinding of such a direction, the court may require or permit any party to the proceedings who wishes to make representations in relation to the giving or rescission of a live link direction under this section to do so through a live link.
(8)The person may not give oral evidence while attending a hearing through a live link by virtue of this section unless the court is satisfied that it is not contrary to the interests of justice for the person to give it that way.
(9)If in a case where it has power to do so a court decides not to give a live link direction under this section, it must—
(a)state in open court its reasons for not doing so; and
(b)cause those reasons to be entered in the register of its proceedings.
(10)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 a preliminary hearing begins; and
(c)requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).]]
Textual Amendments
F1Pt. 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)
F2S. 57F inserted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(1), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: