Coronavirus Bill (HC Bill 122)

(5) Where the Executive Office varies or revokes any other direction, notice of
the variation or revocation must be published in such manner as the
Executive Office considers appropriate to bring it to the attention of persons
who may be affected by the variation or revocation.

5Enforcement

41 (1) Compliance with a direction issued under this Part of this Schedule may be
enforced by—

(a) a constable;

(b) any other person, or description of person, designated in writing for
10the purpose of this paragraph by the Executive Office.

(2) In exercising the power of enforcement conferred by sub-paragraph (1), a
person may—

(a) enter any premises;

(b) if necessary, use reasonable force.

15Offences

42 (1) A person commits an offence if the person fails without reasonable excuse to
comply with a prohibition, requirement or restriction imposed on the person
by a direction issued under this Part of this Schedule.

(2) A person guilty of an offence under this paragraph is liable—

(a) 20on summary conviction, to a fine not exceeding £100,000;

(b) on conviction on indictment, to a fine.

43 (1) If an offence under paragraph 42 committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer
of the body, or

(b) 25to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable
to be prosecuted and proceeded against and punished accordingly.

(2) In sub-paragraph (1), “officer”, in relation to a body corporate, means a
director, manager, secretary or other similar officer of the body corporate.

30Compensation

44 (1) The Executive Office may pay compensation in connection with the issuing
of a direction under this Part of this Schedule.

(2) The power conferred by sub-paragraph (1) does not affect any other power
to pay compensation.

35End of public health response period

45 When a public health response period comes to an end, a direction under
this Part of this Schedule issued during that period ceases to have effect in
respect of times after the end of the period.

Section 51

SCHEDULE 22 Live links in criminal proceedings

Part 1 Expansion of powers under the Criminal Justice Act 2003

5Introduction

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

Live links in criminal proceedings

2 (1) Section 51 has effect as if amended in accordance with sub-paragraphs (2) to
10(8).

(2) For subsection (1) there were substituted—

“(1) A person may, if the court so directs, take part in eligible criminal
proceedings through—

(a) a live audio link, or

(b) 15a live video link.

(1A) A direction under this section may be given for a judge or justice to
take part in eligible criminal proceedings through a live audio link or
a live video link.

(1B) But no direction under this section may be given for any member of
20a jury to take part in eligible criminal proceedings through a live
audio link or a live video link.”

(3) In subsection (2)—

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

“(2) In this Part “eligible criminal proceedings” means—”;

(b) 25for paragraph (b) there were substituted—

“(b) a criminal appeal to the Crown Court and any
proceedings that are preliminary or incidental to such
an appeal,”;

(c) in paragraph (c) after “indictment” there were inserted “or any other
30trial in the Crown Court for an offence”;

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

“(ca) proceedings under section 4A or 5 of the Criminal
Procedure (Insanity) Act 1964,

(cb) proceedings under Part 3 of the Mental Health Act
351983,

(cc) proceedings under—

(i) section 11 of the Powers of the Criminal
Courts (Sentencing) Act 2000, or

(ii) section 81(1)(g) of the Senior Courts Act 1981
40or section 16 of this Act in respect of a person
who has been remanded by a magistrates’

court on adjourning a case under that section
of the 2000 Act,”;

(e) in paragraph (d), after “Court of Appeal” there were inserted “and
any proceedings that are preliminary or incidental to such an
appeal”;

(f) 5after paragraph (d) there were inserted—

“(da) a reference to the Court of Appeal by the Attorney
General under Part 4 of the Criminal Justice Act 1988
and any proceedings that are preliminary or
incidental to such a reference,”;

(g) 10in paragraph (e), after “Criminal Appeal Act 1995 (c.35)” there were
inserted “and any proceedings that are preliminary or incidental to
such a hearing”;

(h) in paragraph (f), “and” were omitted;

(i) after paragraph (f) there were inserted—

“(fa) 15a hearing under section 142(1) or (2) of the
Magistrates’ Courts Act 1980 or under section 155 of
the Powers of Criminal Courts (Sentencing) Act
2000,”;

(j) in paragraph (g), for “Act.” there were substituted “Act and any
20proceedings that are preliminary or incidental to such a hearing,
and”;

(k) after paragraph (g) there were inserted—

“(h) any hearing following conviction held for the
purpose of making a decision about bail in respect of
25the person convicted;

but hearings to which Part 3A of the Crime and Disorder Act
1998 applies (see section 57A(1) of that Act) are not eligible
criminal proceedings.”

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

“(4) 30But the court may not give a direction for a person to take part in
eligible criminal proceedings 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 proceedings in
35accordance with the direction through the live audio link or
through the live video link,

(aa) the parties to the proceedings have been given the
opportunity to make representations, and

(ab) the relevant youth offending team has been given the
40opportunity to make representations, if it is a case where the
defendant is a party to the proceedings and either—

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

(ii) the defendant has attained the age of 18 years since
proceedings for the offence were begun, and the court
45has decided to continue to deal with the case as if he
or she had not attained that age.”

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

“(4A) The power conferred by this section includes power to give—

(a) a direction that is applicable to several, or all, of the persons
taking part in particular eligible criminal proceedings;

(b) a direction that is applicable to a particular person in respect
of only some aspects of particular eligible criminal
5proceedings (such as giving evidence or attending the
proceedings 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
eligible criminal proceedings through a live audio link or a
10live 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 Part that apply to the giving of such a direction also
15apply to the variation of such a direction.

(4D) If a court gives a live link direction under this section for a person to
take part in particular proceedings by giving evidence through a live
audio link or a live video link, the person may not give evidence
except in accordance with the direction.

(4E) 20The court may rescind a live link direction under this section at any
time before or during the eligible criminal proceedings to which it
relates (but this does not affect the court’s power to give a further live
link direction in relation to the proceedings).

(4F) A live link direction under this section may not be rescinded
25unless—

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

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

(c) 30the relevant youth offending team has been given the
opportunity to make representations, if it is a case where the
defendant is a party to the proceedings and either—

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

(ii) the defendant has attained the age of 18 years since
35proceedings 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.

(4G) 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
40an application may not be made unless there has been a material
change of circumstances since the direction was given.

(4H) 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) 45a live audio link, or

(b) a live video link.”

(6) Subsection (5) were omitted.

(7) In subsection (6), after “give” there were inserted “or rescind”.

(8) For subsection (7) there were substituted—

“(7) 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
5proceedings;

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

(b) in the case of a direction relating to any participant in the
10proceedings—

(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
15person would take part in the proceedings in
accordance with the direction;

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

(9) 20After 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 the eligible criminal
25proceedings concerned begin; and

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

(10) A court may not refuse or revoke bail for a person (P) at eligible
criminal proceedings if—

(a) 30any person takes part in the proceedings— other than for the
purpose of giving evidence — through a live audio link, and

(b) P objects to the refusal or revocation.

(11) But subsection (10) does not apply if section 4 of the Bail Act 1976
does not apply to P.

(12) 35A court may not deal with a person for contempt of court (including
enquiring into conduct and imposing punishment) at eligible
criminal proceedings in which any person takes part — other than
for the purpose of giving evidence — through a live audio link.”

(10) Section 52 were omitted.

40Magistrates’ courts permitted to sit at other locations

3 (1) Section 53 has effect as if amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “evidence to be given through a live link in
proceedings before the court” there were substituted “a person to

take part in proceedings before the court through a live audio link or
a live video link”;

(b) in paragraph (b), for “receiving such evidence” there were
substituted “such participation”.

Requirement to attend at court, holding proceedings in court etc

4 5After section 53 there were inserted—

“53A Requirement to attend court, perjury

(1) A person who takes part in eligible criminal proceedings in
accordance with a direction under section 51 is to be treated as
complying with any requirement (however imposed or expressed)
10for that person to attend or appear before court, or to surrender to the
custody of the court, for the purposes of that participation in those
proceedings.

(2) A person who takes part in eligible criminal proceedings in
accordance with a direction under section 51 is to be treated as
15present in court for the purposes of those proceedings.

(3) Eligible criminal proceedings that are conducted—

(a) wholly as audio proceedings, or

(b) wholly as video proceedings,

are to be regarded as taking place at the location where the member
20or members of the court take part in the proceedings.

(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 section 51 is to be treated for the
purposes of section 1 of the Perjury Act 1911 as having been made in
25the proceedings in which it is given in evidence.”

Warning to jury

5 In section 54(1), for “a live link” there were inserted “a live audio link or a
live video link by a witness (including the defendant)”.

Rules of court

6 (1) 30Section 55 has effect as if amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), “or 52” were omitted;

(b) in paragraph (b), for “live links” there were substituted “live audio
links and live video links”.

(3) 35In subsection (3)—

(a) in paragraph (a), “uncontested” were omitted;

(b) in paragraph (c), “or 52” were omitted.

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
  53 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—

• 10“““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) 15A 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
20criminal 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
25are 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
30audio 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
35which—

(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) 40Eligible 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) 45all 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
5substituted “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) 10After 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) 15the 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
20taking part in the proceedings.”

Safeguards

8 After Schedule 3 to the Criminal Justice Act 2003 there were inserted—

“Schedule 1

Conduct of proceedings wholly as audio proceedings

1 (1) 25Eligible criminal proceedings may be conducted wholly as audio
proceedings only if the proceedings meet one of the following
conditions.

(2) Condition A: the proceedings are preliminary or incidental to a
criminal appeal to the Crown Court.

(3) 30Condition B: the proceedings are preliminary or incidental to an
appeal to the criminal division of the Court of Appeal.

(4) Condition C: the proceedings are preliminary or incidental to a
reference to the Court of Appeal by the Attorney General under
Part 4 of the Criminal Justice Act 1988.

(5) 35Condition D: the proceedings are preliminary or incidental to the
hearing of a reference under section 9 or 11 of the Criminal Appeal
Act 1995.

(6) Condition E: the proceedings are a hearing following conviction
held for the purpose of making a decision about whether to

impose or vary conditions of bail in respect of the person
convicted.

(7) Condition F:—

(a) the proceedings are a hearing following conviction held
for the purpose of deciding whether to grant or continue
5bail in respect of the person convicted, and

(b) either—

(i) section 4 of the Bail Act 1976 does not apply to the
person, or

(ii) the making of the decision is not disputed
10(including where the court is minded to refuse or
revoke bail of its own motion).

(8) But proceedings which meet any of those conditions may not be
conducted wholly as audio proceedings if the court is minded to
deal with a person for contempt of court (including enquiring into
15conduct and imposing punishment) at the proceedings.

Conduct of proceedings wholly as video proceedings

2 (1) Eligible criminal proceedings may be conducted wholly as video
proceedings only if the proceedings meet one of the following
conditions.

(2) 20Condition A: the proceedings are—

(a) an appeal to the Crown Court which is an appeal only
against sentence,

(b) an appeal to the Crown Court arising out of a summary
trial—

(i) 25which is an appeal arising out of a summary trial
which was itself conducted wholly as video
proceedings, and

(ii) which the parties agree may be conducted wholly
as video proceedings, or

(c) 30preliminary or incidental to any criminal appeal to the
Crown Court.

(3) Condition B: the proceedings are preliminary or incidental to an
appeal to the criminal division of the Court of Appeal.

(4) Condition C: the proceedings are preliminary or incidental to a
35reference to the Court of Appeal by the Attorney General under
Part 4 of the Criminal Justice Act 1988.

(5) Condition D: the proceedings are preliminary or incidental to the
hearing of a reference under section 9 or 11 of the Criminal Appeal
Act 1995.

(6) 40Condition E: the proceedings are preliminary or incidental to a
hearing before the Court of Appeal under section 80 of this Act.

(7) Condition F: the proceedings are a hearing following conviction
held for the purpose of making a decision about bail in respect of
the person convicted.

(8) 45Condition G:—

(a) the proceedings are a summary trial in a magistrates’
court,

(b) a written procedure notice has been served on the
defendant but the offence is not being tried in accordance
5with section 16A of the Magistrates’ Courts Act 1980, and

(c) the parties agree to the proceedings being conducted
wholly as video proceedings.

(9) Condition H: the proceedings are a hearing under section 142(1) or
(2) of the Magistrates’ Courts Act 1980 or under section 155 of the
10Powers of Criminal Courts (Sentencing) Act 2000.

Other use of live audio links in preliminary and incidental proceedings etc

3 (1) This paragraph applies to eligible criminal proceedings which
meet any of the conditions in paragraph 1.

(2) The defendant may not take part in the proceedings through a live
15audio link for the purpose of giving evidence.

(3) A person (other than the defendant) may not take part in the
proceedings through a live audio link for the purpose of giving
evidence unless—

(a) there are no suitable arrangements by means of which that
20person could give evidence through a live video link, and

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

(4) This paragraph does not apply to proceedings which meet any of
the conditions in paragraph 1 if the court is minded to deal with a
25person for contempt of court (including enquiring into conduct
and imposing punishment) at the proceedings (but see paragraph
4).

Other use of live audio links in other eligible criminal proceedings

4 (1) This paragraph applies to—

(a) 30eligible criminal proceedings which do not meet any of the
conditions in paragraph 1, and

(b) eligible criminal proceedings which meet any of those
conditions if the court is minded to deal with a person for
contempt of court (including enquiring into conduct and
35imposing punishment).

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

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

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

(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
45live audio link.