Part 12 continued    

(a)is not in the same place as any member of the court, and

(b)is taking part in, watching or listening to the proceedings by
way of a transmission.

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

(a)authorised (generally or specifically) by the court in which the
proceedings concerned are being conducted, or
authorised (generally or specifically) by the Lord Chancellor.

(6)It is a defence for a person charged with an offence under subsection (1)
10to prove that, at the time of the actual or attempted recording or
transmission, the person—

(a)was not in designated live-streaming premises, and

(b)did not know that the image or sound concerned was of a sort
within subsection (2) or (3).

(7)15In subsection (6)(a), “designated live-streaming premises” has the
meaning given by section 85A(4).

(8)A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(9)Conduct that amounts to an offence under subsection (1) is also a
20contempt of court.

But a person cannot, in respect of the same conduct, be both convicted
of the offence and punished for the contempt.

(10)For the purposes of this section it does not matter whether a person
making, or attempting to make, a recording or transmission intends the
25recording or transmission, or anything comprised in it, to be seen or
heard by any other person.

(11)In this section—

• “court proceedings” means proceedings in any of the following
  courts—

  (a)

  30the Court of Appeal;

  (b)

  the High Court;

  (c)

  the Crown Court;

  (d)

  the Court of Protection;

  (e)

  the county court;

  (f)

  35the family court;

  (g)

  a magistrates’ court;

  (h)

  a coroner’s court;

• “recording” means a recording on any medium—

  (a)

  of a single image, a moving image or any sound, or

  (b)

  40from which a single image, a moving image or any
  sound may be produced or reproduced;

• “transmission” means any transmission by electronic means of a
  single image, a moving image or any sound (and “transmitted”
  is to be construed accordingly).”

(2)45Part 2 of Schedule 19 makes provision in relation to certain tribunals
corresponding to that made by subsection (1).

169 Expansion of use of video and audio links in criminal proceedings

(1)In the Criminal Justice Act 2003, for section 51 substitute—

“51 Directions for live links in criminal proceedings

(1)The court may, by a direction, require or permit a person to take part in
5eligible criminal proceedings through—

(a)a live audio link, or

(b)a live video link.

(2)A direction under this section may be given in relation to a member of
a jury only if the direction requires all members of the jury to take part
10through a live video link while present at the same place.

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

(a)a preliminary hearing (see section 56(1)),

(b)a summary trial,

(c)a criminal appeal to the Crown Court and any proceedings that
15are preliminary or incidental to such an appeal,

(d)a trial on indictment or any other trial in the Crown Court for an
offence,

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

(f)20proceedings under Part 3 of the Mental Health Act 1983,

(g)proceedings under—

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

(ii)section 81(1)(g) of the Senior Courts Act 1981 or section
2516 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,

(h)an appeal to the criminal division of the Court of Appeal and
any proceedings that are preliminary or incidental to such an
30appeal,

(i)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,

(j)35the hearing of a reference under section 9 or 11 of the Criminal
Appeal Act 1995 and any proceedings that are preliminary or
incidental to such a hearing,

(k)a hearing before a magistrates’ court or the Crown Court which
is held after the defendant has entered a plea of guilty,

(l)40a hearing under section 142(1) or (2) of the Magistrates’ Courts
Act 1980,

(m)a hearing before the Court of Appeal under section 80 of this Act
and any proceedings that are preliminary or incidental to such
a hearing,

(n)45any hearing following conviction held for the purpose of
making a decision about bail in respect of the person convicted,

(o)a sentencing hearing (see section 56(1)), or

(p)an enforcement hearing (see section 56(1)).

(4)The court may not give a direction under this section unless—

(a)the court is satisfied that it is in the interests of justice for the
person to whom the direction relates to take part in the
proceedings in accordance with the direction through the live
5audio link or live video link,

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

(c)if so required by section 52(9), the relevant youth offending
team has been given the opportunity to make representations.

(5)10In deciding whether to give a direction under this section, the court
must consider—

(a)any guidance given by the Lord Chief Justice, and

(b)all the circumstances of the case.

(6)Those circumstances include in particular—

(a)15the availability of the person to whom the direction would
relate,

(b)any need for that person to attend in person,

(c)the views of that person,

(d)the suitability of the facilities at the place where that person
20would take part in the proceedings in accordance with the
direction,

(e)whether that person would be able to take part in the
proceedings effectively if the person took part in accordance
with the direction,

(f)25in the case of a direction relating to a witness—

(i)the importance of the witness’s evidence to the
proceedings, and

(ii)whether the direction might tend to inhibit any party to
the proceedings from effectively testing the witness’s
30evidence, and

(g)the arrangements that would or could be put in place for
members of the public to see or hear the proceedings as
conducted in accordance with the direction.”

(2)In the Crime and Disorder Act 1998, omit Part 3A (live links in preliminary,
35sentencing and enforcement hearings).

(3)Part 3 of Schedule 19 makes further provision in connection with the provision
made by subsections (1) and (2).

170 Repeal of temporary provision

(1)In the Coronavirus Act 2020, sections 53 and 54 and Schedules 23 and 24 (which
40make temporary modifications that are superseded by the provision made by
section 169) are repealed.

(2)In the Coronavirus Act 2020, section 55 and Schedule 25 (which make
temporary modifications that are superseded by the provision made by
sections 167 and 168) are repealed.

Part 13 Final provisions

171 Financial provision

There is to be paid out of money provided by Parliament—

(a)5any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, government department or other public authority, and

(b)any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

172 Minor amendments arising out of sentencing consolidation

10Schedule 20 makes minor amendments to the Sentencing Act 2020 and other
enactments in connection with the consolidation that led to that Act.

173 Power to make consequential provision

(1)The Secretary of State may by regulations made by statutory instrument make
provision that is consequential on this Act.

(2)15Regulations under subsection (1) may, in particular, amend, repeal or revoke
any enactment passed or made before, or in the same Session as, this Act.

(3)In subsection (2) “enactment” includes—

(a)an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978,

(b)20an enactment contained in, or in an instrument made under, an Act or
Measure of Senedd Cymru,

(c)an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament, and

(d)an enactment contained in, or in an instrument made under, Northern
25Ireland legislation.

(4)Regulations under subsection (1)—

(a)may make different provision for different purposes;

(b)may make transitional, transitory or saving provision.

(5)A statutory instrument containing (whether alone or with any other provision)
30regulations under subsection (1) which amend, repeal or revoke primary
legislation may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.

(6)Any other statutory instrument containing regulations under subsection (1) is
subject to annulment in pursuance of a resolution of either House of
35Parliament.

(7)In this section “primary legislation” means—

(a)an Act of Parliament,

(b)an Act or Measure of Senedd Cymru,

(c)an Act of the Scottish Parliament, or

(d)40Northern Ireland legislation.

174 Power to state effect in Sentencing Act 2020 of commencement of
amendments made by this Act

The power in section 419(1) of the Sentencing Act 2020 (power to state effect of
commencement provisions) applies in relation to any amendment or repeal
5made by or under this Act of that Act as it applies in relation to an amendment
or repeal made by Schedule 22 to that Act.

175 Extent

(1)This Act extends to England and Wales only, subject to the following
provisions of this section.

(2)10The following provisions extend to England and Wales, Scotland and Northern
Ireland—

(a)section 1;

(b)sections 36 to 42 (and Schedule 3);

(c)section 51(2);

(d)15this Part, other than section 172 (and Schedule 20).

(3)Sections 68(3) to (7), 117 and 119 extend to England and Wales and Scotland.

(4)Section 136 extends to England and Wales and Northern Ireland.

(5)A provision of this Act which amends, repeals or revokes an enactment has the
same extent within the United Kingdom as the enactment amended, repealed
20or revoked, subject to subsections (6) to (8).

(6)The following provisions extend to England and Wales only—

(a)sections 61 and 62;

(b)section 64;

(c)section 69;

(d)25section 140;

(e)sections 142 and 143;

(f)section 164;

(g)in Schedule 10, the amendments to the Rehabilitation of Offenders Act
1974 and the Police Act 1997.

(7)30In Schedule 17—

(a)paragraphs 4 and 6 extend to England and Wales, Scotland and
Northern Ireland, and

(b)paragraph 5 extends to England and Wales and Scotland only.

(8)Section 144 extends to Scotland only.

(9)35Nothing in the preceding provisions of this section limits the extent within the
United Kingdom of any provision made, or inserted, by or under this Act so far
as it is applied (by whatever words) by or under the Armed Forces Act 2006.

(10)Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent
outside the United Kingdom) apply to the armed forces provisions as those
40subsections apply to the provisions of that Act.

(11)The following are “armed forces provisions”—

(a)a provision made, or inserted, by or under this Act so far as it is applied
(by whatever words) by or under the Armed Forces Act 2006;

(b)an amendment, modification or repeal made by or under this Act of—

(i)a provision of or made under the Armed Forces Act 2006,

(ii)a provision that amends, modifies or repeals a provision of, or
made under, that Act, or

(iii)5any other provision, so far as the provision is applied (by
whatever words) by or under that Act.

176 Commencement

(1)Except as provided by subsections (4) and (5), this Act comes into force on such
day as the Secretary of State may by regulations made by statutory instrument
10appoint.

(2)Regulations under subsection (1) may appoint different days for different
purposes or areas.

(3)Subsection (1) is subject to sections 33, 136 and 141.

(4)The following provisions of this Act come into force on the day on which this
15Act is passed—

(a)section 3 for the purposes of making regulations;

(b)sections 7 to 11 (and Schedules 1 and 2) for the purposes of making
regulations;

(c)section 12;

(d)20section 13 for the purposes of making regulations;

(e)section 18 for the purposes of issuing guidance;

(f)section 19 for the purposes of making regulations;

(g)sections 21 and 22;

(h)sections 23 to 25 for the purposes of making regulations;

(i)25section 30;

(j)section 31 for the purposes of issuing guidance;

(k)sections 33 to 35;

(l)section 69 for the purposes of making regulations;

(m)section 109;

(n)30sections 116 to 119;

(o)section 136(1) so far as relating to Part 2 of Schedule 16 (and that Part of
that Schedule) for the purposes of making regulations;

(p)section 136(2) to (9);

(q)sections 138 and 139;

(r)35section 140 for the purposes of issuing guidance and making
regulations;

(s)section 141;

(t)section 163;

(u)section 167 (and Part 1 of Schedule 19) for the purposes of making
40regulations;

(v)this Part other than section 172 and Schedule 20.

(5)The following provisions of this Act come into force at the end of the period of
two months beginning with the day on which this Act is passed—

(a)section 2;

(b)45sections 45 and 46;

(c)section 47 (and Schedule 5);

(d)sections 48 and 49;

(e)section 53;

(f)section 54;

(g)sections 62 to 67 (and Schedule 7);

(h)5section 101 (and Schedule 11);

(i)sections 102 to 105;

(j)sections 107 and 108;

(k)section 112;

(l)sections 120 to 124;

(m)10sections 126 and 127;

(n)section 129 (and Schedule 13);

(o)section 130 (and Schedule 14);

(p)sections 132 to 135 (and Schedule 15);

(q)section 136(1) so far as relating to Parts 1, 4 and 5 of Schedule 16 (and
15those Parts of that Schedule);

(r)section 137;

(s)sections 158 to 162 (and Schedule 18);

(t)sections 165 and 166;

(u)section 169 (and Part 3 of Schedule 19);

(v)20section 170(1);

(w)section 172 (and Schedule 20).

(6)The Secretary of State may by regulations made by statutory instrument make
transitional, transitory or saving provision in connection with the coming into
force of any provision of this Act.

177 25Short title

This Act may be cited as the Police, Crime, Sentencing and Courts Act 2021.

SCHEDULES

Section 10

Schedule 1 Specified authorities and local government areas

Local government

20Criminal justice

Health and social care

Police

Fire and rescue authorities

Section 11

Schedule 2 Educational, prison and youth custody authorities

Educational authorities