Coronavirus Act 2020

Interpretation

7 (1) Section 56 has effect as if amended as follows.

(2) In subsection (1)—

(a) before the definition of “legal representative” there were inserted—

• ““bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

• “eligible criminal proceedings” has the meaning given in section 51(2),”;

(b) after the definition of “local justice area” there were inserted—

• ““relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned,”.

(3) For subsection (2) there were substituted—

“(2A) A reference to a person taking part in eligible criminal proceedings includes—

(a) giving evidence in the proceedings, and

(b) attending the proceedings when not giving evidence.

(2B) A “live audio link”, in relation to a person (P) taking part in eligible criminal proceedings, is a live telephone link or other arrangement which—

(a) enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and

(b) enables all other persons taking part in the proceedings who are not in the same location as P to hear P.

(2C) Eligible criminal proceedings are conducted wholly as audio proceedings if—

(a) directions have been given under section 51 for all of the persons taking part in the proceedings to do so through a live audio link, and

(b) all of those persons take part in the proceedings in accordance with those directions.

(2D) A “live video link”, in relation to a person (P) taking part in eligible criminal proceedings, is a live television link or other arrangement which—

(a) enables P to see and hear all other persons taking part in the proceedings who are not in same location as P, and

(b) enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.

(2E) Eligible criminal proceedings are conducted wholly as video proceedings if—

(a) directions have been given, whether under section 51 or any other power, for all of the persons taking part in the proceedings to do so through a live video link, and

(b) all of those persons take part in the proceedings in accordance with those directions.”

(4) In subsection (3)—

(a) for the words before paragraph (a) there were substituted—

“(3) A reference to the persons participating in eligible criminal proceedings includes—”;

(b) in paragraph (b), for “judge or justices (or both)” there were substituted “member or members of the court”;

(c) after paragraph (b) there were inserted—

“(ba) witnesses in the proceedings,”;

(d) in paragraph (d), for “the witness” there were substituted “in the proceedings”.

(5) After subsection (3) there were inserted—

“(3A) Subsections (2A) to (3) apply for the purposes of this Part.”

(6) For subsection (4) there were substituted—

“(4) The following matters are to be disregarded for the purposes of subsections (2B) and (2D)—

(a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;

(b) the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings.”