Crime and Disorder Act 1998

Valid from 14/12/2009

[F1[F257FUse of live link in certain enforcement hearingsE+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

F1Pt. 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)