Crime and Disorder Act 1998

[F1 57A Introductory E+W

[F2 (1) This Part—

(a) applies to preliminary hearings and sentencing hearings in the course of proceedings for an offence [F3 and enforcement hearings relating to confiscation orders]; and

(b) enables the court in the circumstances provided for in sections 57B, 57C [F4 , 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.]

[F2 (1A) This Part applies to—

(a) preliminary hearings and sentencing hearings in the course of proceedings for an offence, and

(b) enforcement hearings.]

(3) In this Part—

• [F5 “bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;]

• [F6 [F7 “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]]

• [F7 “custody”—

  (a)

  includes local authority accommodation [F8 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;]

• [F9 [F10 “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;]]

• [F10 “enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—

  (a)

  a sum that has been adjudged to be paid on conviction by a magistrates' court or the Crown Court, or

  (b)

  a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable);]

• [F11 “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);]

• [F11 “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);

• [F12 “relevant youth offending team”, in relation to a case where—

  (a)

  the accused, the offender or the person liable to pay the sum or financial penalty has not attained the age of 18 years, or

  (b)

  the accused or the offender 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,

  means the youth offending team (established under section 39) whose functions are exercisable in relation to the accused, the offender or the person liable to pay the sum or financial penalty;]

• “sentencing hearing” means any hearing following conviction which is held for the purpose of—

  (a)

  [F13 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; [F14 or]

  (c)

  sentencing the offender or determining how the court should deal with him in respect of the [F15 offence.] [F15 offence (including reviewing, amending or revoking such a sentence or determination); or]

  (d)

  [F16 determining—

  (i)

  how the offender has complied with a sentence given in respect of the offence, or

  (ii)

  how the offender should be dealt with in respect of compliance with such a sentence;

  and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence.]

[F17 (4) A reference to a person taking part in a hearing includes—

(a) giving evidence in the hearing, and

(b) attending the hearing when not giving evidence.

(5) A “live audio link”, in relation to a person (P) taking part in a hearing, is a live telephone link or other arrangement which—

(a) enables P to hear all other persons taking part in the hearing who are not in the same location as P, and

(b) enables all other persons taking part in the hearing who are not in the same location as P to hear P.

(6) A hearing is conducted wholly as an audio hearing if—

(a) directions have been given under section 57B, 57E or 57F for all of the persons taking part in the hearing to do so through a live audio link, and

(b) all of those persons take part in the hearing in accordance with those directions.

(7) A “live video link”, in relation to a person (P) taking part in a hearing, is a live television link or other arrangement which—

(a) enables P to see and hear all other persons taking part in the hearing who are not in the same location as P, and

(b) enables all other persons taking part in the hearing who are not in the same location as P to see and hear P.

(8) A hearing is conducted wholly as a video hearing if—

(a) directions have been given, whether under section 57B, 57E or 57F or any other power, for all of the persons taking part in the hearing to do so through a live video link, and

(b) all of those persons take part in the hearing in accordance with those directions.

(9) The following matters are to be disregarded for the purposes of subsections (5) and (7)—

(a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;

(b) the effect of any direction or order which provides for one person taking part in a hearing to be prevented by means of a screen or other arrangement from seeing another person taking part in the hearing.

(10) Subsections (4) to (9) apply for the purposes of this Part.

(11) Nothing in this Part is to be regarded as affecting any power of a court—

(a) to make an order, give directions or give leave of any description in relation to any witness (including the accused), or

(b) to exclude evidence at its discretion (whether by preventing questions being put or otherwise).]]

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 S. 57A(1A) substituted for s. 57A(1)(2) (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(2) (with ss. 88-90)

F3 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)

F4 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)

F5 Words in s. 57A(3) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(3)(a) (with ss. 88-90)

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) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(3)(b) (with ss. 88-90)

F8 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))

F9 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)

F10 Words in s. 57A(3) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(3)(c) (with ss. 88-90)

F11 Words in s. 57A(3) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(3)(d) (with ss. 88-90)

F12 Words in s. 57A(3) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(3)(e) (with ss. 88-90)

F13 Words in s. 57A(3) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(3)(f)(i) (with ss. 88-90)

F14 Word in s. 57A(3) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(3)(f)(ii) (with ss. 88-90)

F15 Words in s. 57A(3) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(3)(f)(iii) (with ss. 88-90)

F16 Words in s. 57A(3) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(3)(f)(iv) (with ss. 88-90)

F17 S. 57A(4)-(11) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 24 para. 2(4) (with ss. 88-90)