SCHEDULES

SCHEDULE 24Live links in other criminal hearings

Section 54

PART 1Expansion of powers under the Crime and Disorder Act 1998

Introduction

1

1

The Crime and Disorder Act 1998 has effect as if amended in accordance with this Part of this Schedule.

2

For the heading of Part 3A there were substituted “ Live links in preliminary, sentencing & enforcement hearings ”.

Interpretation etc

2

1

Section 57A has effect as if amended as follows.

2

For subsections (1) and (2) there were substituted—

1A

This Part applies to—

a

preliminary hearings and sentencing hearings in the course of proceedings for an offence, and

b

enforcement hearings.

3

In subsection (3)—

a

before the definition of “confiscation order” 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;

b

the definitions of “confiscation order” and “custody” were omitted;

c

for the definition of “enforcement hearing” there were substituted—

“enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—

a

a sum that has been adjudged to be paid on conviction by a magistrates' court or the Crown Court, or

b

a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable);

d

the definitions of “live link” and “police detention” were omitted;

e

after the definition of “preliminary hearing” there were inserted—

“relevant youth offending team”, in relation to a case where—

a

the accused, the offender or the person liable to pay the sum or financial penalty has not attained the age of 18 years, or

b

the accused or the offender has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age,

means the youth offending team (established under section 39) whose functions are exercisable in relation to the accused, the offender or the person liable to pay the sum or financial penalty;

f

in the definition of “sentencing hearing”—

i

paragraph (a) were omitted;

ii

in paragraph (b), “or” were omitted;

iii

in paragraph (c), for “offence.” there were substituted “ offence (including reviewing, amending or revoking such a sentence or determination); or ”;

iv

after paragraph (c) there were inserted—

d

determining—

i

how the offender has complied with a sentence given in respect of the offence, or

ii

how the offender should be dealt with in respect of compliance with such a sentence;

and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence.

4

After subsection (3) there were inserted—

4

A reference to a person taking part in a hearing includes—

a

giving evidence in the hearing, and

b

attending the hearing when not giving evidence.

5

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

a

enables P to hear all other persons taking part in the hearing who are not in the same location as P, and

b

enables all other persons taking part in the hearing who are not in the same location as P to hear P.

6

A hearing is conducted wholly as an audio hearing if—

a

directions have been given under section 57B, 57E or 57F for all of the persons taking part in the hearing to do so through a live audio link, and

b

all of those persons take part in the hearing in accordance with those directions.

7

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

a

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

b

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

8

A hearing is conducted wholly as a video hearing if—

a

directions have been given, whether under section 57B, 57E or 57F or any other power, for all of the persons taking part in the hearing to do so through a live video link, and

b

all of those persons take part in the hearing in accordance with those directions.

9

The following matters are to be disregarded for the purposes of subsections (5) and (7)—

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 a hearing to be prevented by means of a screen or other arrangement from seeing another person taking part in the hearing.

10

Subsections (4) to (9) apply for the purposes of this Part.

11

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 accused), or

b

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

Requirement to attend at court, holding proceedings in court etc

6

After section 57F there were inserted—

57GRequirement to attend court, perjury

1

A person who takes part in a hearing in accordance with a direction under section 57B, 57E or 57F is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or surrender to the custody of the court, for the purposes of that participation in that hearing.

2

A person who takes part in a hearing in accordance with a direction under section 57B, 57E or 57F is to be treated as present in court for the purposes of that hearing.

3

A hearing that is conducted in accordance with directions under section 57B, 57E or 57F—

a

wholly as an audio hearing, or

b

wholly as a video hearing,

is to be regarded as taking place at the location where the member or members of the court take part in the hearing.

4

A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under this Part is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

PART 2Expansion of powers under the Extradition Act 2003

8

The Extradition Act 2003 has effect as if amended in accordance with this Part of this Schedule.

9

1

Section 206A has effect as if amended as follows.

2

In the heading, “certain” were omitted.

3

In subsection (1)—

a

in paragraph (a), the words from “other” to “56,” were omitted, and

b

in paragraph (b), the words from “, other” to the end were omitted.

4

In subsection (2)—

a

for the words from “the person” to “during the hearing,” there were substituted “ it is in the interests of justice to do so, ”, and

b

“at any time before the hearing” were omitted.

5

For subsection (3) there were substituted—

3

A live link direction is a direction requiring a person to take part in the hearing through a live link.

3A

The power to give a live link direction under this section includes the power to give a direction to all or any of the following persons to take part in the hearing through a live link—

a

the appropriate judge,

b

the person affected by the extradition claim,

c

any other party,

d

the prosecutor or any other legal representative acting in the hearing,

e

any witnesses in the hearing, and

f

any interpreter or other person appointed by the court to assist in the hearing.

6

Subsection (5) were omitted.

7

For subsection (6) there were substituted—

6

A person who takes part in the hearing through a live link is to be treated as present in court for the purposes of the hearing.

10

1

Section 206C has effect as if amended as follows.

2

Subsection (5) were omitted.

3

In subsection (6)—

a

in the opening words, for “, while absent from the place where the hearing is being held,” there were substituted “ (P) ”,

b

in paragraph (a), for the words from “the appropriate” to the end there were substituted “ all other persons taking part in the hearing who are not in the same location as P, and ”, and

c

in paragraph (b), for the words from “the judge” to the end there were substituted “ all other persons taking part in the hearing who are not in the same location as P, ”.

PART 3Other modifications

Police and Criminal Evidence Act 1984

11

1

The Police and Criminal Evidence Act 1984 has effect as if amended as follows.

2

In section 46ZA (persons granted live link bail), in subsection (3)(b), for “section 57C” there were substituted “ section 57B ”.

3

In section 46A (power of arrest for failure to answer to police bail), in subsection (1ZA)(b), for “section 57C” there were substituted “ section 57B ”.

4

In section 47 (bail after arrest), in subsection (3)(b)(i)—

a

for “section 57C” there were substituted “ section 57B ”;

b

“where accused is at police station” were omitted.

Prosecution of Offences Act 1985

12

Section 22(11A) of the Prosecution of Offences Act 1985 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings), has effect as if “or fitness to plead” were omitted.

Serious Organised Crime and Police Act 2005

13

The Serious Organised Crime and Police Act 2005 has effect as if section 75A were omitted.