Search Legislation

Coronavirus Act 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Use of live link in sentencing hearings

 Help about opening options

Alternative versions:

Status:

Point in time view as at 30/11/2020.

Changes to legislation:

There are currently no known outstanding effects for the Coronavirus Act 2020, Cross Heading: Use of live link in sentencing hearings. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Use of live link in sentencing hearingsE+W

4(1)Section 57E has effect as if amended as follows.E+W

(2)For subsections (1) to (3) there were substituted—

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

(a)a live audio link, or

(b)a live video link.

(2)But the court may not give a direction for a person to take part in a sentencing 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 sentencing hearing in accordance with the direction through the live audio link or through the live video link,

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

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

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

(ii)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.

(3)In subsection (4), for “Such a direction” there were substituted “ A live link direction under this section ”.

(4)After subsection (4) there were inserted—

(4A)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 sentencing 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 sentencing hearing;

(c)a direction that is applicable to a particular person in respect of only some aspects of a particular sentencing 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 sentencing hearing through a live audio link or a live video link.

(4B)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).

(4C)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.

(5)Subsection (5) were omitted.

(6)In subsection (6)—

(a)“if it appears to the court to be in the interests of justice to do so” were omitted;

(b)for “offender” there were substituted “ hearing ”;

(c)the second sentence were omitted.

(7)After subsection (6) there were inserted—

(6A)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 sentencing hearing have been given the opportunity to make representations, and

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

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

(ii)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.

(6B)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.

(6C)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.

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

(6E)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.

(8)Subsection (7) were omitted.

(9)After subsection (8) there were inserted—

(9)The following functions of a magistrates' court under this section may be discharged by a single justice—

(a)giving a live link direction under this section;

(b)rescinding a live link direction before a sentencing hearing begins; and

(c)requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources