Crime and Disorder Act 1998

[F1 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;

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

; and

(c) the court is satisfied that [F3 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) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F1 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)

F2 S. 57D(2)(b) repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(4)(a)(i), 178, 182(5), Sch. 23 Pt. 3; S.I. 2009/3253, art. 2(a)(ii); S.I. 2010/816, art. 2, Sch.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)

F3 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)

F4 S. 57D(3)(a) and word repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(4)(b), 178, 182(5), Sch. 23 Pt. 3; S.I. 2009/3253, art. 2(a)(ii); S.I. 2010/816, art. 2, Sch.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)