SCHEDULES
F1SCHEDULE 3AProhibitions and limitations on use of live links
Conduct of proceedings wholly as audio proceedings
1
1
Eligible criminal proceedings may be conducted wholly as audio proceedings only if the proceedings meet one of the following conditions.
2
Condition A: the proceedings are preliminary or incidental to a criminal appeal to the Crown Court.
3
Condition B: the proceedings are preliminary or incidental to an appeal to the criminal division of the Court of Appeal.
4
Condition C: the proceedings are preliminary or incidental to a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988.
5
Condition D: the proceedings are preliminary or incidental to the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995.
6
Condition E: the proceedings are a hearing following conviction held for the purpose of making a decision about whether to impose or vary conditions of bail in respect of the person convicted.
7
Condition F:—
a
the proceedings are a hearing following conviction held for the purpose of deciding whether to grant or continue bail in respect of the person convicted, and
b
either—
i
section 4 of the Bail Act 1976 does not apply to the person, or
ii
the making of the decision is not disputed (including where the court is minded to refuse or revoke bail of its own motion).
8
But proceedings which meet any of those conditions may not be conducted wholly as audio proceedings if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at the proceedings.
Conduct of proceedings wholly as video proceedings
2
1
Eligible criminal proceedings may be conducted wholly as video proceedings only if the proceedings meet one of the following conditions.
2
Condition A: the proceedings are—
a
an appeal to the Crown Court which is an appeal only against sentence,
b
an appeal to the Crown Court arising out of a summary trial—
i
which is an appeal arising out of a summary trial which was itself conducted wholly as video proceedings, and
ii
which the parties agree may be conducted wholly as video proceedings, or
c
preliminary or incidental to any criminal appeal to the Crown Court.
3
Condition B: the proceedings are preliminary or incidental to an appeal to the criminal division of the Court of Appeal.
4
Condition C: the proceedings are preliminary or incidental to a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988.
5
Condition D: the proceedings are preliminary or incidental to the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995.
6
Condition E: the proceedings are preliminary or incidental to a hearing before the Court of Appeal under section 80 of this Act.
7
Condition F: the proceedings are a hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted.
8
Condition G:—
a
the proceedings are a summary trial in a magistrates' court,
b
a written procedure notice has been served on the defendant but the offence is not being tried in accordance with section 16A of the Magistrates' Courts Act 1980, and
c
the parties agree to the proceedings being conducted wholly as video proceedings.
9
Condition H: the proceedings are a hearing under section 142(1) or (2) of the Magistrates' Courts Act 1980 or under section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 385 of the Sentencing Code.
Other use of live audio links in preliminary and incidental proceedings etc
3
1
This paragraph applies to eligible criminal proceedings which meet any of the conditions in paragraph 1.
2
The defendant may not take part in the proceedings through a live audio link for the purpose of giving evidence.
3
A person (other than the defendant) may not take part in the proceedings through a live audio link for the purpose of giving evidence unless—
a
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
b
the parties agree to that person giving evidence through a live audio link.
4
This paragraph does not apply to proceedings which meet any of the conditions in paragraph 1 if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at the proceedings (but see paragraph 4).
Other use of live audio links in other eligible criminal proceedings
4
1
This paragraph applies to—
a
eligible criminal proceedings which do not meet any of the conditions in paragraph 1, and
b
eligible criminal proceedings which meet any of those conditions if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment).
2
The defendant may not take part in the proceedings through a live audio link.
3
A person (other than the defendant) may not take part in the proceedings through a live audio link unless—
a
that person's participation through the live audio link is only for the purpose of giving evidence in the proceedings,
b
there are no suitable arrangements by means of which that person could give evidence through a live video link, and
c
the parties agree to that person giving evidence through a live audio link.
4
Where this paragraph applies by virtue of sub-paragraph (1)(b), references to the defendant include references to the person whom the court is minded to deal with for contempt of court.
5
Where this paragraph applies to proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964, it is for the defendant's representative (if such a representative has been appointed), rather than the defendant, to give any agreement under sub-paragraph (3)(c).
6
In this paragraph “defendant's representative” means the person appointed by the court to put the case for the defence.
Other limitations to apply also
5
The limitations imposed under this Schedule are in addition to any others (such as those in section 51(4)) which apply to the exercise of the power to give a direction under section 51.
Sch. 3A inserted (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 8 (with ss. 88-90) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 301(3) (with Sch. 27); S.I. 2020/1236, reg. 2) (which affecting provision is continued by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), regs. 1(2), 2; but then repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 201(1), 208(5))