Coronavirus Act 2020

Expansion of availability of live links at preliminary hearings E+W

3 (1) Section 57B has effect as if amended in accordance with sub-paragraphs (2) to (5). E+W

(2) In the heading, “where accused is in custody” were omitted.

(3) For subsections (2) and (3) there were substituted—

“(2) The court may, by a direction (a “live link direction”), require or permit a person to take part in the preliminary hearing through—

(a) a live audio link, or

(b) a live video link.

(3) But the court may not give a direction for a person to take part in a preliminary hearing through a live audio link or a live video link unless—

(a) the court is satisfied that it is in the interests of justice for the person concerned to take part in the preliminary hearing in accordance with the direction through the live audio link or through the live video link,

(b) the parties to the preliminary hearing have been given the opportunity to make representations,

(c) the relevant youth offending team has been given the opportunity to make representations, if it is a case where—

(i) the accused has not attained the age of 18 years, or

(ii) the accused 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.

(3A) A direction under this section—

(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 preliminary hearings before the court or to such hearing or hearings as may be specified or described in the direction.

(3B) The power to give a live link direction under this section includes power to give—

(a) a direction for a judge or justice to take part in a preliminary hearing through a live audio link or a live video link;

(b) a direction that is applicable to several, or all, of the persons participating in a particular preliminary hearing;

(c) a direction that is applicable to a particular person in respect of only some aspects of a particular preliminary hearing (such as giving evidence or attending the hearing when not giving evidence);

(d) a direction for a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in a preliminary hearing through a live audio link or a live video link.

(3C) The power of the court to give a direction under this section is subject to Schedule 3A (prohibitions and limitations on use of live links).

(3D) The court may vary a live link direction under this section; and the provisions of this section and Schedule 3A that apply to the giving of such a direction also apply to the variation of such a direction.

(3E) The court may rescind a live link direction under this section at any time before or during the preliminary hearing to which it relates (but this does not affect the court‘s power to give a further live link direction in relation to the hearing).

(3F) A live link direction under this section may not be rescinded unless—

(a) the court is satisfied that it is in the interests of justice for the direction to be rescinded,

(b) the parties to the preliminary hearing have been given the opportunity to make representations,

(c) the relevant youth offending team has been given the opportunity to make representations, if it is a case where—

(i) the accused has not attained the age of 18 years, or

(ii) the accused 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.

(3G) A live link direction under this section may be varied or rescinded by the court of its own motion or on an application by a party; but such an application may not be made unless there has been a material change of circumstances since the direction was given.

(3H) If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person to take part in that hearing through—

(a) a live audio link, or

(b) a live video link.

(3I) In deciding whether to give or rescind a direction under this section the court must consider all the circumstances of the case.

(3J) Those circumstances include in particular—

(a) in the case of a direction relating to a witness—

(i) the importance of the witness's evidence to the hearing;

(ii) whether a direction might tend to inhibit any party from effectively testing the witness's evidence;

(b) in the case of a direction relating to any participant in the hearing—

(i) the availability of the person;

(ii) the need for the person to attend in person;

(iii) the views of the person;

(iv) the suitability of the facilities at the place where the person would take part in the hearing in accordance with the direction;

(v) whether the person will be able to take part in the hearing effectively if he or she takes part in accordance with the direction.”

(4) Subsections (4) and (5) were omitted.

(5) After subsection (7) there were inserted—

“(8) A court may not refuse or revoke bail for a person (P) at a preliminary hearing if—

(a) any person takes part in the hearing — other than for the purpose of giving evidence — through a live audio link, and

(b) P objects to the refusal or revocation.

(9) If any person takes part in a preliminary hearing— other than for the purpose of giving evidence — through a live audio link, the court may not—

(a) accept a guilty plea, or

(b) deal with a person for contempt of court (including enquiring into conduct and imposing punishment).”

(6) Sections 57C and 57D were omitted.