F1 [F2 Part 3A E+W Live links for accused's attendance at certain preliminary [F3 , Sentencing and other] hearings

Textual Amendments

F1 Pt. 3A substituted (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 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)

F3 Words in Pt. 3A title substituted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(3), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

57A Introductory E+W

(1) This Part—

(a) applies to preliminary hearings and sentencing hearings in the course of proceedings for an offence [F4 and enforcement hearings relating to confiscation orders]; and

(b) enables the court in the circumstances provided for in sections 57B, 57C [F5 , 57E and 57F] 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—

• [F6 “confiscation order” means an order made under—

  (a)

  section 71 of the Criminal Justice Act 1988;

  (b)

  section 2 of the Drug Trafficking Act 1994; or

  (c)

  section 6 of the Proceeds of Crime Act 2002;”, and]

• “custody”—

  (a)

  includes local authority accommodation [F7 or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] ; but

  (b)

  does not include police detention;

• [F8 “enforcement hearing” means a hearing under section 82 of the Magistrates' Courts Act 1980 to consider the issuing of a warrant of committal or to inquire into a person's means;]

• “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—

  (a)

  section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud); or

  (b)

  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—

  (a)

  proceedings relating to the giving or rescinding of a direction under section 57E;

  (b)

  proceedings (in a magistrates' court) relating to committal to the Crown Court for sentencing; or

  (c)

  sentencing the offender or determining how the court should deal with him in respect of the offence.

Textual Amendments

F4 Words in s. 57A(1)(a) inserted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(2)(a)(i), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

F5 Words in s. 57A(1)(b) substituted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(2)(a)(ii), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

F6 S. 57A(3): definition of "confiscation order" inserted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(2)(b), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

F7 Words in s. 57A(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 39; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

F8 S. 57A(3): definition of "enforcement hearing" inserted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(2)(b), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

57B Use of live link at preliminary hearings where accused is in custody E+W

(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.

[F9 (7) 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

F9 S. 57B(7) added (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(2), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(a)(i) (with art. 4(1))

57C F1 Use of live link at preliminary hearings where accused is at police station E+W

(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.

F10 [F11 (6A) A live link direction under this section may not be given unless the court is satisfied that it is not contrary to the interests of justice to give the direction.]

F12 (7) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (8) A magistrates' court may rescind a live link direction under this section at any time F15 . . . during a hearing to which it relates.

(9) A magistrates' court may require or permit—

F16 (a) F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F10 S. 57C(6A) inserted (14.12.2009 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(a), 182(5) (with s. 180); S.I. 2009/3253, art. 3(1)(a) (with art. 4); S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(a)

F11 S. 57C(6A) inserted (14.12.2009 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(a), 182(5) (with s. 180); S.I. 2009/3253, art. 3(1)(a) (with art. 4); S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(a)

F12 S. 57C(7) repealed (14.12.2009 for specified purposes, 6.4.2010 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(b), 182(5), Sch. 23 Pt. 3 (with s. 180); S.I. 2009/3253, art. 3(1)(a) (with art. 4); S.I. 2010/816, art. 4; S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(a)(e)

F13 S. 57C(7) repealed (14.12.2009 and 3.10.2011 in relation to specified areas, otherwise prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(b), 178, 182(5), Sch. 23 Pt. 3 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(a) (with art. 4(2)); S.I. 2010/816, art. 4(b); S.I. 2011/2148, art. 2(1)(a)(e)

F14 Words in s. 57C(8) repealed (14.12.2009 for specified purposes, 6.4.2010 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(c), 182(5), Sch. 23 Pt. 3 (with s. 180); S.I. 2009/3253, art. 3(1)(a) (with art. 4); S.I. 2010/816, art. 4; S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(a)(e)

F15 Words in s. 57C(8) repealed (14.12.2009 for specified purposes, 6.4.2010 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(c), 182(5), Sch. 23 Pt. 3 (with s. 180); S.I. 2009/3253, art. 3(1)(a) (with art. 4); S.I. 2010/816, art. 4; S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(a)(e)

F16 S. 57C(9)(a) repealed (14.12.2009 for specified purposes, 6.4.2010 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(d), 182(5), Sch. 23 Pt. 3 (with s. 180); S.I. 2009/3253, art. 3(1)(a) (with art. 4); S.I. 2010/816, art. 4; S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(a)(e)

F17 S. 57C(9)(a) and word repealed (14.12.2009 and 3.10.2011 in relation to specified areas, otherwise prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(d), 178, 182(5), Sch. 23 Pt. 3 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(a) (with art. 4(2)); S.I. 2010/816, art. 4(b); S.I. 2011/2148, art. 2(1)(a)(e)

57D Continued use of live link for sentencing hearing following a preliminary hearing E+W

(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;

F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

; and

(c) the court is satisfied that [F19 the accused continuing to attend through the live link is not contrary to the interests of justice.]

(3) But the accused may not give oral evidence through the live link during a continued hearing under subsection (2) unless—

(a) F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F18 S. 57D(2)(b) repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(4)(a)(i), 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)

F19 Words in s. 57D(2)(c) substituted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(4)(a)(ii), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(a)(ii)

F20 S. 57D(3)(a) and word repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(4)(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)

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) F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F21 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)

F22 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))

[F23 57F Use of live link in certain enforcement hearings E+W

(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

F23 S. 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)