Criminal Justice Act 2003

Part 8 E+W Live links

51 Live links in criminal proceedings E+W

(1) A witness (other than the defendant) may, if the court so directs, give evidence through a live link in the following criminal proceedings.

(2) They are—

(a) a summary trial,

(b) an appeal to the Crown Court arising out of such a trial,

(c) a trial on indictment,

(d) an appeal to the criminal division of the Court of Appeal,

(e) the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 (c. 35),

(f) a hearing before a magistrates' court or the Crown Court which is held after the defendant has entered a plea of guilty, and

(g) a hearing before the Court of Appeal under section 80 of this Act.

(3) A direction may be given under this section—

(a) on an application by a party to the proceedings, or

(b) of the court’s own motion.

(4) But a direction may not be given under this section unless—

(a) the court is satisfied that it is in the interests of the efficient or effective administration of justice for the person concerned to give evidence in the proceedings through a live link,

(b) it has been notified by the Secretary of State that suitable facilities for receiving evidence through a live link are available in the area in which it appears to the court that the proceedings will take place, and

(c) that notification has not been withdrawn.

(5) The withdrawal of such a notification is not to affect a direction given under this section before that withdrawal.

(6) In deciding whether to give a direction under this section the court must consider all the circumstances of the case.

(7) Those circumstances include in particular—

(a) the availability of the witness,

(b) the need for the witness to attend in person,

(c) the importance of the witness’s evidence to the proceedings,

(d) the views of the witness,

(e) the suitability of the facilities at the place where the witness would give evidence through a live link,

(f) whether a direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence.

(8) The court must state in open court its reasons for refusing an application for a direction under this section and, if it is a magistrates' court, must cause them to be entered in the register of its proceedings.

Commencement Information

I1 S. 51 wholly in force at 26.4.2010; s. 51 not in force at Royal Assent, see s. 336(3); s. 51 in force for certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 51 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(a) (with art. 4)

52 Effect of, and rescission of, direction E+W

(1) Subsection (2) applies where the court gives a direction under section 51 for a person to give evidence through a live link in particular proceedings.

(2) The person concerned may not give evidence in those proceedings after the direction is given otherwise than through a live link (but this is subject to the following provisions of this section).

(3) The court may rescind a direction under section 51 if it appears to the court to be in the interests of justice to do so.

(4) Where it does so, the person concerned shall cease to be able to give evidence in the proceedings through a live link, but this does not prevent the court from giving a further direction under section 51 in relation to him.

(5) A direction under section 51 may be rescinded under subsection (3)—

(a) on an application by a party to the proceedings, or

(b) of the court’s own motion.

(6) But an application may not be made under subsection (5)(a) unless there has been a material change of circumstances since the direction was given.

(7) The court must state in open court its reasons—

(a) for rescinding a direction under section 51, or

(b) for refusing an application to rescind such a direction,

and, if it is a magistrates' court, must cause them to be entered in the register of its proceedings.

Commencement Information

I2 S. 52 wholly in force at 26.4.2010; s. 52 not in force at Royal Assent, see s. 336(3); s. 52 in force for certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 52 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(b) (with art. 4)

53 Magistrates' courts permitted to sit at other locations E+W

(1) This section applies where—

(a) a magistrates' court is minded to give a direction under section 51 for evidence to be given through a live link in proceedings before the court, and

(b) suitable facilities for receiving such evidence are not available at any [F1 place at] which the court can (apart from subsection (2)) lawfully sit.

(2) The court may sit for the purposes of the whole or any part of the proceedings at any place at which such facilities are available and which has been [F2 authorised by a direction under section 30 of the Courts Act 2003] .

[F3 (3) If the place mentioned in subsection (2) is outside the local justice area in which the justices act it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting in that area.]

Textual Amendments

F1 Words in s. 53(1)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 99(a)

F2 Words in s. 53(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 99(b)

F3 S. 53(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 99(c)

54 Warning to jury E+W

(1) This section applies where, as a result of a direction under section 51, evidence has been given through a live link in proceedings before the Crown Court.

(2) The judge may give the jury (if there is one) such direction as he thinks necessary to ensure that the jury gives the same weight to the evidence as if it had been given by the witness in the courtroom or other place where the proceedings are held.

Commencement Information

I3 S. 54 wholly in force at 26.4.2010; s. 54 not in force at Royal Assent, see s. 336(3); s. 54 in force for certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 54 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(c) (with art. 4)

55 Rules of court E+W

(1) [F4 Criminal Procedure Rules] may make such provision as appears to the [F5 Criminal Procedure Rule Committee] to be necessary or expedient for the purposes of this Part.

(2) [F6 Criminal Procedure Rules] may in particular make provision—

(a) as to the procedure to be followed in connection with applications under section 51 or 52, and

(b) as to the arrangements or safeguards to be put in place in connection with the operation of live links.

(3) The provision which may be made by virtue of subsection (2)(a) includes provision—

(a) for uncontested applications to be determined by the court without a hearing,

(b) for preventing the renewal of an unsuccessful application under section 51 unless there has been a material change of circumstances,

(c) for the manner in which confidential or sensitive information is to be treated in connection with an application under section 51 or 52 and in particular as to its being disclosed to, or withheld from, a party to the proceedings.

(4) Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make [F7 Criminal Procedure Rules] .

Textual Amendments

F4 Words in s. 55(1) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 47(2)(a) (with art. 2(2))

F5 Words in s. 55(1) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 47(2)(b) (with art. 2(2))

F6 Words in s. 55(2) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 47(3) (with art. 2(2))

F7 Words in s. 55(4) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 47(4) (with art. 2(2))

56 Interpretation of Part 8 E+W

(1) In this Part—

• “legal representative” means [F8 a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act),]

• F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F10 “local justice area” has the same meaning as in the Courts Act 2003 (c. 39)],

• F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “witness”, in relation to any criminal proceedings, means a person called, or proposed to be called, to give evidence in the proceedings.

(2) In this Part “live link” means a live television link or other arrangement by which a witness, while at a place in the United Kingdom which is outside the building where the proceedings are being held, is able to see and hear a person at the place where the proceedings are being held and to be seen and heard by the following persons.

(3) They are—

(a) the defendant or defendants,

(b) the judge or justices (or both) and the jury (if there is one),

(c) legal representatives acting in the proceedings, and

(d) any interpreter or other person appointed by the court to assist the witness.

(4) The extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing is to be disregarded for the purposes of subsection (2).

(5) 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 defendant or defendants), or

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

Textual Amendments

F8 S. 56(1): words in definition of "legal representative" substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 146 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F9 In s. 56(1) definition of "petty-sessional court-house" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100

F10 In s. 56(1) definition of "local justice area" substituted (1.4.2005) for definition of "petty sessions area" by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100

F11 In s. 56(1) definition of "rules of court" omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 48 (with art. 2(2))

Commencement Information

I4 S. 56 wholly in force at 26.4.2010; s. 56 not in force at Royal Assent, see s. 336(3); s. 56 in force for certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 56 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(d) (with art. 4)