Prisons and Courts Bill (HC Bill 170)

(a) a live audio link, or

(b) a live video link.”

(8) Omit subsection (7).

(9) For subsection (8) substitute—

“(8) 5The court must give the following reasons in relation to all
sentencing hearings (insofar as the circumstances to which the
reasons relate arise in the hearing concerned) and must (if the court
is a magistrates’ court) cause the reasons to be entered into its
register of proceedings—

(a) 10its reasons for the hearing not being conducted wholly as a
video hearing;

(b) as respects each person taking part in the hearing, its reasons
for not giving a direction for the person to take part in the
hearing through a live video link;

(c) 15the rescission of any live link direction under this section
given in relation to the hearing.

(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) 20rescinding 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).”

Use of live link in certain enforcement hearings

5 (1) 25Section 57F is amended as follows.

(2) In the heading, omit “certain”.

(3) For subsections (1) to (3) substitute—

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

(a) 30a 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 an
enforcement hearing through a live audio link or a live video link
unless—

(a) 35the court is satisfied that it is in the interests of justice for the
person concerned to take part in the enforcement hearing in
accordance with the direction through the live audio link or
through the live video link,

(b) the parties to the enforcement hearing have been given the
40opportunity to make representations, and

(c) the relevant youth offending team has been given the
opportunity to make representations, if it is a case where the
person liable to pay the sum or financial penalty has not
attained the age of 18 years and is a party to the hearing.”

(4) In subsection (4) for “Such a direction” substitute “A live link direction
under this section”.

(5) After subsection (4) insert—

“(4A) The power to give a live link direction under this section includes
5power to give—

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

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

(c) a direction for a person who is outside England and Wales
(whether in the United Kingdom or elsewhere) to take part in
an enforcement hearing through a live audio link or a live
15video 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).”

(6) In subsection (5), after “relates” insert “(but this does not affect the court‘s
power to give a further live link direction in relation to the hearing)”.

(7) 20For subsection (6) substitute—

“(6) 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) 25the parties to the enforcement 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 the
person liable to pay the sum or financial penalty has not
30attained the age of 18 years and is a party to the hearing.

(6A) A live link direction under this section may be 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.”

(8) 35For subsection (7) substitute—

“(7) 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) 40a live video link.”

(9) Omit subsection (8).

(10) For subsection (9) substitute—

“(9) The court must give the following reasons in relation to all
enforcement hearings (insofar as the circumstances to which the
45reasons relate arise in the hearing concerned) and must cause the
reasons to be entered into its register of proceedings—

(a) its reasons for the hearing not being conducted wholly as an
audio hearing;

(b) its reasons for the hearing not being conducted wholly as a
video hearing;

(c) 5as respects each person taking part in the hearing—

(i) its reasons for not giving a direction for the person to
take part in the hearing through a live audio link;

(ii) its reasons for not giving a direction for the person to
take part in the hearing through a live video link;

(d) 10the rescission of any live link direction under this section
given in relation to the hearing.”

(11) In subsection (10)(b) for “a preliminary” substitute “an enforcement”.

(12) After subsection (10) insert—

“(11) If any person takes part in an enforcement hearing— other than for
15the purpose of giving evidence — through a live audio link, the court
may not—

(a) impose imprisonment or detention in default of payment of a
sum or financial penalty, or

(b) deal with a person for contempt of court (including enquiring
20into conduct and imposing punishment).”

Requirement to attend at court, holding proceedings in court etc

6 After section 57F insert—

“57G Requirement to attend court, perjury

(1) A person who takes part in a hearing in accordance with a direction
25under 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
30under 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 a direction under
section 57B, 57E or 57F—

(a) wholly as an audio hearing, or

(b) 35wholly as a video hearing,

is to be regarded as taking place at the location where the judge or
justices (or both) 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
40in 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.”

Prohibitions and limitations on use of live links

7 After Schedule 3 insert—

“Schedule 1

Part 1 5Directions under section 57B — preliminary hearings

Introduction

1 This Part of this Schedule applies to the conduct of preliminary
hearings in accordance with live link directions under section 57B.

Use of audio links

2 (1) 10The accused may not take part in a preliminary hearing through a
live audio link for the purpose of giving evidence.

(2) A person (other than the accused) may not take part in a
preliminary hearing through a live audio link for the purpose of
giving evidence unless—

(a) 15there 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.

(3) This paragraph does not apply to a preliminary hearing if the
20court is minded to deal with a person for contempt of court
(including enquiring into conduct and imposing punishment) at
the hearing (but see paragraph 4).

Disputed bail hearings

3 (1) This paragraph applies to a preliminary hearing at which the court
25is deciding whether to grant or continue bail if the making of the
decision is disputed (including where the court is minded to
refuse or revoke bail of its own motion).

(2) The accused may not take part in the hearing through a live audio
link.

(3) 30A person (other than the accused) may not take part in the hearing
through a live audio link unless—

(a) that person’s participation through the live audio link is
only for the purpose of giving evidence at the hearing,

(b) there are no suitable arrangements by means of which that
35person could give evidence through a live video link, and

(c) the parties agree to that person giving evidence through a
live audio link.

Contempt of court

4 (1) This paragraph applies to a preliminary hearing at which the court
is minded to deal with a person for contempt of court (including
enquiring into conduct and imposing punishment).

(2) 5The accused may not take part in the hearing through a live audio
link.

(3) A person (other than the accused) may not take part in the hearing
through a live audio link unless—

(a) that person’s participation through the live audio link is
10only for the purpose of giving evidence at the hearing,

(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) 15References in this paragraph to the accused include references to
the person whom the court is minded to deal with for contempt of
court.

Unfitness to plead

5 (1) This paragraph applies to a hearing under section 4 of the
20Criminal Procedure (Insanity) Act 1964.

(2) The hearing may not be conducted wholly as a video hearing.

(3) The accused may not take part in the hearing through a live audio
link.

(4) A person (other than the accused) may not take part in the hearing
25through a live audio link unless—

(a) that person’s participation through the live audio link is
only for the purpose of giving evidence at the hearing,

(b) there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) 30the parties agree to that person giving evidence through a
live audio link.

Acceptance of a guilty plea

6 (1) This paragraph applies to a preliminary hearing at which the
accused is expected to plead guilty.

(2) 35The accused may not take part in the hearing through a live audio
link.

(3) A person (other than the accused) may not take part in the hearing
through a live audio link unless—

(a) that person’s participation through the live audio link is
40only for the purpose of giving evidence at the hearing,

(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.

Other limitations to apply also

7 The limitations imposed under this Part of this Schedule are in
5addition to any others (such as those in section 57B(3)) which
apply to the exercise of the power to give a direction under section
57B(2).

Part 2 Directions under section 57E — sentencing hearings

10Introduction

8 This Part of this Schedule applies to the conduct of sentencing
hearings in accordance with live link directions under section 57E.

Use of live audio links

9 (1) The offender may not take part in a sentencing hearing through a
15live audio link.

(2) A person (other than the offender) may not take part in a
sentencing hearing through a live audio link unless—

(a) that person’s participation through the live audio link is
only for the purpose of giving evidence at the hearing,

(b) 20there 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.

Other limitations to apply also

10 25The limitations imposed under this Part of this Schedule are in
addition to any others (such as those in section 57E(2)) which
apply to the exercise of the power to give a direction under section
57E(1).

Part 3 30Directions under section 57F — enforcement hearings

Introduction

11 This Part of this Schedule applies to the conduct of enforcement
hearings in accordance with live link directions under section 57F.

Use of live audio links

12 (1) 35The person liable to pay the relevant sum may not take part in an
enforcement hearing through a live audio link for the purpose of
giving evidence.

(2) A person (other than the person liable to pay the relevant sum)
may not take part in an enforcement hearing through a live audio
link for the purpose of giving evidence unless—

(a) there are no suitable arrangements by means of which that
5person could give evidence through a live video link, and

(b) the parties to the hearing agree to that person giving
evidence through a live audio link.

(3) In this paragraph “relevant sum” means the sum or financial
penalty whose collection, discharge, satisfaction or enforcement
10the enforcement hearing is concerned with.

(4) This paragraph does not apply to an enforcement hearing if the
court is minded to deal with a person for contempt of court
(including enquiring into conduct and imposing punishment) at
the hearing (but see paragraph 14).

15Hearing where court minded to impose imprisonment or detention

13 (1) This paragraph applies to an enforcement hearing if the court is
minded to impose imprisonment or detention on a person (the
“defaulter”) in default of payment of a sum or financial penalty at
the hearing.

(2) 20The defaulter may not take part in the hearing through a live audio
link.

(3) A person (other than the defaulter) may not take part in the
hearing through a live audio link unless—

(a) that person’s participation through the live audio link is
25only for the purpose of giving evidence at the hearing,

(b) there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) the parties to the hearing agree to that person giving
evidence through a live audio link.

30Contempt of court

14 (1) This paragraph applies to an enforcement hearing at which the
court is minded to deal with a person for contempt of court
(including enquiring into conduct and imposing punishment).

(2) The person liable to pay the relevant sum may not take part in the
35hearing through a live audio link.

(3) A person (other than the person liable to pay the relevant sum)
may not take part in the hearing through a live audio link unless—

(a) that person’s participation through the live audio link is
only for the purpose of giving evidence at the hearing,

(b) 40there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) the parties to the hearing agree to that person giving
evidence through a live audio link.

(4) In this paragraph—

(a) “relevant sum” means the sum or financial penalty whose
collection, discharge, satisfaction or enforcement the
enforcement hearing is concerned with;

(b) references in this paragraph to the person liable to pay the
5relevant sum include references to the person whom the
court is minded to deal with for contempt of court.

Other limitations to apply also

15 The limitations imposed under this Part of this Schedule are in
addition to any others (such as those in section 57F(2)) which
10apply to the exercise of the power to give a direction under section
57F.”

Part 2 Other amendments

Police and Criminal Evidence Act 1984

8 (1) 15The Police and Criminal Evidence Act 1984 is amended as follows.

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

(3) In section 46A (power of arrest for failure to answer to police bail), in
sbusection (1ZA)(b), for “section 57C” substitute “section 57B”.

(4) 20In section 47 (bail after arrest), in subsection (3)(b)(i)—

(a) for “section 57C” substitute “section 57B”;

(b) omit “where accused is at police station”.

Prosecution of Offences Act 1985

9 In section 22 (power of Secretary of State to set time limits in relation to
25preliminary stages of criminal proceedings), in subsection (11A) omit “or
fitness to plead”.

Criminal Justice Act 1988

10 Omit section 32 of the Criminal Justice Act 1988 (evidence given by persons
abroad through television links).

Section 34

SCHEDULE 6 Public participation in proceedings conducted by video or audio

Criminal, civil and family proceedings

1 After section 85 of the Courts Act 2003 insert—

5““Use of live video or audio links: public participation & offences of recording etc

85A Enabling the public to see and hear proceedings

(1) If the court directs that proceedings are to be conducted wholly as video
proceedings, the court—

(a) may direct that the proceedings are to be broadcast (in the manner
10specified in the direction) for the purpose of enabling members of the
public to see and hear the proceedings;

(b) may direct that a recording of the proceedings is to be made (in the
manner specified in the direction) for the purpose of enabling the
court to keep an audio-visual record of the proceedings.

(2) 15If the court directs that proceedings are to be conducted wholly as audio
proceedings, the court—

(a) may direct that the proceedings are to be broadcast (in the manner
specified in the direction) for the purpose of enabling members of the
public to hear the proceedings;

(b) 20may direct that a recording of the proceedings is to be made (in the
manner specified in the direction) for the purpose of enabling the
court to keep an audio record of the proceedings.

(3) A direction under this section may relate to the whole, or to part, of
the proceedings concerned.

85B 25Offences of recording or transmission in relation to broadcasting

(1) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a
30direction under section 85A.

(2) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image of, or sound made by, another person while the other
35person is viewing or listening to a broadcast made in accordance
with a direction under section 85A.

(3) It is a defence for a person charged with an offence under subsection
(1) or (2) to prove that, at the time of the actual or attempted
recording or transmission of the image or sound concerned—

(a) 40he or she was not in designated live-streaming premises, and

(b) he or she did not know, and could not reasonably have
known, that the image or sound was—

(i) being broadcast in accordance with a direction under
section 85A (in the case of an offence under
subsection (1)), or

(ii) an image of, or sound made by, another person while
5viewing or listening to a broadcast made in
accordance with a direction under section 85A (in the
case of an offence under subsection (2)).

(4) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(5) 10For the purposes of this section it does not matter whether a person
making, or attempting to make, a recording or transmission intends
the recording or transmission, or anything comprised in it, to be seen
or heard by any other person.

(6) For the purposes of this section a recording or transmission is
15“unauthorised” unless it is—

(a) authorised by a direction under section 85A,

(b) otherwise authorised (generally or specifically) by the court
in which the proceedings concerned are being conducted, or

(c) authorised (generally or specifically) by the Lord Chancellor.

85C 20Offences of recording or transmitting participation through live link

(1) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound which is being transmitted through a live video
25link or transmitted through a live audio link.

(2) It is an offence for a person (P) to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image of, or sound made by, any person (whether P or another
30person) while that person is participating in court proceedings
through a live video link or a live audio link.

(3) It is a defence for a person charged with an offence under subsection
(1) or (2) to prove that, at the time of the actual or attempted
recording or transmission, he or she did not know, and could not
35reasonably have known, that the image or sound concerned—

(a) was being transmitted through a live video link or through a
live audio link (in the case of an offence under subsection (1)),
or

(b)
was an image of, or sound made by, a person while that
40person was participating in court proceedings through a live
video link or a live audio link (in the case of an offence under
subsection (2)).

(4) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(5) 45For the purposes of this section it does not matter whether a person
making, or attempting to make, a recording or transmission intends