Crime and Disorder Act 1998

Valid from 15/01/2007

57DContinued use of live link for sentencing hearing following a preliminary hearingE+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;

(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.