Coronavirus Bill (HC Bill 122)

(4) Where this paragraph applies by virtue of sub-paragraph (1)(b),
references to the defendant include references to the person whom
the court is minded to deal with for contempt of court.

(5) Where this paragraph applies to proceedings under section 4A or
55 of the Criminal Procedure (Insanity) Act 1964, it is for the
defendant’s representative (if such a representative has been
appointed), rather than the defendant, to give any agreement
under sub-paragraph (3)(c).

(6) In this paragraph “defendant’s representative” means the person
10appointed by the court to put the case for the defence.

Other limitations to apply also

5 The limitations imposed under this Schedule are in addition to
any others (such as those in section 51(4)) which apply to the
exercise of the power to give a direction under section 51.”

15Part 2 Other amendments

Criminal Appeal Act 1968

9 (1) The Criminal Appeal Act 1968 has effect as if amended as follows.

(2) In section 22 (right of appellant to be present), subsections (4) to (6) were
20omitted.

(3) In section 23 (evidence), subsection (5) were omitted.

(4) In section 31 (powers of Court which are exercisable by single judge)—

(a) in subsection (1), after paragraph (a) there were inserted—

“(aza) the powers under section 51 of the Criminal Justice
25Act 2003 as they are exercisable in relation to appeals
to the criminal division of the Court of Appeal and
preliminary and incidental proceedings;”;

(b) in subsection (2), paragraph (ca) were omitted.

(5) In section 31A (powers of court under Part 1 which are exercisable by
30registrar)—

(a) in the heading, “under Part 1” were omitted;

(b) after subsection (2) there were inserted—

“(2A) The registrar may exercise the powers under section 51 of the
Criminal Justice Act 2003 as they are exercisable in relation to
35appeals to the criminal division of the Court of Appeal and
preliminary and incidental proceedings.”;

(c) in subsection (4), after “subsection (2)” there were inserted “or (2A)”.

Criminal Justice Act 1988

10 (1) The Criminal Justice Act 1988 has effect as if section 32 (evidence given by
40persons abroad through television links) were omitted.

(2) But section 32 continues to have effect for the purposes of—

(a) paragraph 8 of Schedule 13 to the Criminal Justice Act 1988 (direction
for section 32 to have effect in relation to Service Courts); and

(b) section 29(1) of the Crime (International Co-operation) Act 2003
(hearing witnesses abroad through television links).

(3) 5Accordingly the modification in sub-paragraph (1) does not—

(a) affect any order made under—

(i) paragraph 8 of Schedule 13 to the 1988 Act, or

(ii) section 29(1) of the 2003 Act,

which has effect immediately before the time when that modification
10comes into effect; or

(b) prevent the power under—

(i) paragraph 8 of Schedule 13 to the 1988 Act, or

(ii) section 29(1) of the 2003 Act,

from being exercised after that time.

Section 52

15SCHEDULE 23 Live links in other criminal hearings

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

Introduction

1 (1) 20The 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 @AMP@amp; enforcement hearings”.

Interpretation etc

2 (1) 25Section 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) 30enforcement 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
  353 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
  5conviction 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
  10if 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—

• 15“““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)

  20the 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,

  25means 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) 30paragraph (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) 35after 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
  40of 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) 45A 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) 5A 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
10with 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) 15enables 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
20in 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) 25the 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
30taking 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
35description in relation to any witness (including the accused),
or

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

Expansion of availability of live links at preliminary hearings

3 (1) 40Section 57B has effect as if amended in accordance with sub-paragraphs (2)
to (5).

(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
45permit 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
5unless—

(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) 10the 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) 15the 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) 20may 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) 25The 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
30participating 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) 35a 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
40to 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
45time 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) 5the 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) 10the 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
15the 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
20person 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) 25Those 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
30from 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) 35the 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
40hearing 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
45preliminary 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) 5accept 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.

Use of live link in sentencing hearings

4 (1) 10Section 57E has effect as if amended as follows.

(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) 15a 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
20person 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) 25the 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
30has 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) 35The 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
40participating 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) 45a 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
5provisions 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
10omitted;

(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
15unless—

(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) 20the 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
25has 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
30change 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) 35a 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) 40the 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
45hearing—

(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
5person 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) 10Subsection (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) 15rescinding 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) 20Section 57F has effect as if amended as follows.

(2) In the heading, “certain” were omitted.

(3) 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 an enforcement hearing through—

(a) 25a 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) 30the 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
35opportunity 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) 40In subsection (4) for “Such a direction” there were substituted “A live link
direction under this section”.

(5) 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 an enforcement
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 enforcement hearing;

(c) 5a direction that is applicable to a particular person in respect
of only some aspects of a particular enforcement 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
10(whether in the United Kingdom or elsewhere) to take part in
an enforcement 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) 15The 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.”

(6) In subsection (5), after “relates” there were inserted “(but this does not affect
the court‘s power to give a further live link direction in relation to the
20hearing)”.

(7) For subsection (6) there were substituted—

“(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
25direction to be rescinded,

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

(6A) 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
35change of circumstances since the direction was given.”

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

“(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) 40a live audio link, or

(b) a live video link.

(7A) In deciding whether to give or rescind a direction under this section
the court must consider all the circumstances of the case.

(7B) Those circumstances include in particular—

(a) 45in the case of a direction relating to a witness—

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