Crime and Disorder Act 1998

[F1 PART 3 U.K. Directions under section 57F — enforcement hearings

Textual Amendments

F1 Sch. 3A inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 7 (with ss. 88-90)

Introduction U.K.

11 U.K. This Part of this Schedule applies to the conduct of enforcement hearings in accordance with live link directions under section 57F.

Use of live audio links U.K.

12 (1) The person liable to pay the relevant sum may not take part in an enforcement hearing through a live audio link for the purpose of giving evidence. U.K.

(2) A person (other than the person liable to pay the relevant sum) may not take part in an enforcement hearing through a live audio link for the purpose of giving evidence unless—

(a) there are no suitable arrangements by means of which that person could give evidence through a live video link, and

(b) the parties to the hearing agree to that person giving evidence through a live audio link.

(3) In this paragraph “relevant sum” means the sum or financial penalty whose collection, discharge, satisfaction or enforcement the enforcement hearing is concerned with.

(4) This paragraph does not apply to an enforcement hearing if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at the hearing (but see paragraph 14).

Hearing where court minded to impose imprisonment or detention U.K.

13 (1) This paragraph applies to an enforcement hearing if the court is minded to impose imprisonment or detention on a person (the “defaulter”) in default of payment of a sum or financial penalty at the hearing. U.K.

(2) The defaulter may not take part in the hearing through a live audio link.

(3) A person (other than the defaulter) may not take part in the hearing through a live audio link unless—

(a) that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,

(b) there are no suitable arrangements by means of which that person could give evidence through a live video link, and

(c) the parties to the hearing agree to that person giving evidence through a live audio link.

Contempt of court U.K.

14 (1) This paragraph applies to an enforcement hearing at which the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment). U.K.

(2) The person liable to pay the relevant sum may not take part in the hearing through a live audio link.

(3) A person (other than the person liable to pay the relevant sum) may not take part in the hearing through a live audio link unless—

(a) that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,

(b) there are no suitable arrangements by means of which that person could give evidence through a live video link, and

(c) the parties to the hearing agree to that person giving evidence through a live audio link.

(4) In this paragraph—

(a) “relevant sum” means the sum or financial penalty whose collection, discharge, satisfaction or enforcement the enforcement hearing is concerned with;

(b) references in this paragraph to the person liable to pay the relevant sum include references to the person whom the court is minded to deal with for contempt of court.

Other limitations to apply also U.K.

15 U.K. The limitations imposed under this Part of this Schedule are in addition to any others (such as those in section 57F(2)) which apply to the exercise of the power to give a direction under section 57F.]