Police, Crime, Sentencing and Courts Bill (HL Bill 40)

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  Immigration Act 2008 as if it were such a sum (including
  a hearing to determine whether a financial penalty is so
  enforceable),

• “live audio link”, in relation to a person (P) taking part in
  5proceedings, means 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
  10who are not in the same location as P to hear P,

• “live video link”, in relation to a person (P) taking part in
  proceedings, means a live television link or other arrangement
  which—

  (a)

  enables P to see and hear all other persons taking part in
  15the proceedings who are not in the 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,”;

(iii)after the definition of “local justice area” insert—

• 20““preliminary hearing” means a hearing in proceedings for an
  offence held before the start of the trial (within the meaning of
  subsection (11A) or (11B) of section 22 of the Prosecution of
  Offences Act 1985), including, in the case of proceedings in the
  Crown Court, a preparatory hearing held under—

  (a)

  25section 7 of the Criminal Justice Act 1987 (cases of
  serious or complex fraud), or

  (b)

  section 29 of the Criminal Procedure and Investigations
  Act 1996 (other serious, complex or lengthy cases),

• “relevant youth offending team” means the youth offending team
  30(established under section 39 of the Crime and Disorder Act
  1998) whose functions are exercisable in relation to the
  defendant concerned,

• “sentencing hearing” means any hearing following conviction for
  an offence which is held for the purpose of—

  (a)

  35proceedings (in a magistrates’ court) relating to
  committal to the Crown Court for sentencing,

  (b)

  sentencing the offender or determining how the court
  should deal with the offender in respect of the offence
  (including reviewing, amending or revoking such a
  40sentence or determination), or

  (c)

  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
  45of 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,”;

(b)after subsection (1) insert—

“(1A)In this Part, reference to taking part in proceedings means
taking part in whatever capacity, including hearing the
proceedings as a member of the court.

(1B)5In the application of this Part in relation to a witness, a
reference to taking part in proceedings includes attending
those proceedings for a purpose preliminary or incidental to
the giving of evidence.”;

(c)omit subsections (2) and (3);

(d)10for subsection (4) substitute—

“(4)The following matters are to be disregarded for the purposes
of the definitions of “live audio link” and “live video link” in
subsection (1)—

(a)the extent (if any) to which a person is unable to see or
15hear 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
20seeing another person taking part in the
proceedings.”

Extradition Act 2003

8(1)The Extradition Act 2003 is amended as follows.

(2)In section 206A—

(a)25in the heading, omit “certain”;

(b)in subsection (1)—

(i)in paragraph (a), omit the words from “other” to “56,”;

(ii)in paragraph (b), omit the words from “, other” to the end;

(c)in subsection (2)—

(i)30for the words from “the person” to “during the hearing,”
substitute “it is in the interests of justice to do so,”;

(ii)omit “at any time before the hearing”;

(d)for subsection (3) substitute—

“(3)A live link direction is a direction requiring a person to take
35part in the hearing (in whatever capacity) through a live
link.”;

(e)omit subsection (5);

(f)for subsection (6) substitute—

“(6)A person who takes part in the hearing through a live link is
40to be treated as present in court for the purposes of the
hearing.”

(3)In section 206C—

(a)omit subsections (4) and (5);

(b)in subsection (6)—

(i)45in the opening words, for “, while absent from the place
where the hearing is being held,” substitute “(P)”,

(ii)in paragraph (a), for the words from “the appropriate” to the
end substitute “all other persons taking part in the hearing
who are not in the same location as P, and”;
in paragraph (b), for the words from “the judge” to the end
5substitute “all other persons taking part in the hearing who
are not in the same location as P.”;

(iv)omit the words after paragraph (b);

(c)after subsection (6) insert—

“(7)For the purposes of subsection (6) the following matters are
10to be disregarded—

(a)the 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
15one person taking part in a hearing to be prevented by
means of a screen or other arrangement from seeing
another person taking part in the hearing.”

Consequential amendments of other enactments

9(1)The Criminal Appeal Act 1968 is amended as follows.

(2)20In section 22, omit subsections (4) to (6).

(3)In section 23, omit subsection (5).

(4)In section 31—

(a)in subsection (1), after paragraph (a) insert—

“(aza)the powers under sections 51 and 52 of the Criminal
25Justice Act 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), omit paragraph (ca).

(5)30In section 31A—

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

(b)in subsection (2), omit paragraph (aa);

(c)after subsection (2) insert—

“(2A)The registrar may exercise the powers under sections 51 and
3552 of the Criminal Justice Act 2003 as they are exercisable in
relation to appeals to the criminal division of the Court of
Appeal and preliminary and incidental proceedings.”;

(d)in subsection (4), after “subsection (2)” insert “or (2A)”.

10(1)The Police and Criminal Evidence Act 1984 is amended as follows.

(2)40In section 46ZA(3)—

(a)in paragraph (b)—

(i)for the words from “proceedings” to “person” substitute “the
proceedings referred to in section 47(3)(b)(i)”;

(ii)for “that section” substitute “those proceedings”;

(b)in paragraph (d), for “such a direction” substitute “a direction of the
sort referred to in section 47(3)(b)(ii)”.

(3)In section 46A(1ZA)(b), for the word from “proceedings” to the end
substitute “the proceedings referred to in sub-paragraph (i) of that
5provision”.

(4)In section 47(3)(b), for sub-paragraphs (i) and (ii) substitute—

“(i)proceedings held for the purposes of section 51 of the
Criminal Justice Act 2003 (directions for live links in
criminal proceedings) so far as that section applies to
10preliminary hearings (within the meaning of that
section), and

(ii)any such hearing in relation to which a direction
under that section is given requiring or permitting the
person on bail to take part through a live audio link or
15a live video link (within the meaning of that
section);”.

11In section 32 of the Criminal Justice Act 1988—

(a)in the heading, at the end insert “when witness abroad: service
courts”;

(b)20before subsection (1) insert—

“(A1)This section applies only so far as provided by an order under
paragraph 8 of Schedule 13.”

12(1)The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2)In Part 2, in the heading of Chapter 1A, at the end insert “: service courts”.

(3)25In section 33A (use of live links for evidence of the accused), in subsection
(1), for the words from “any” to the end substitute “proceedings in a service
court against a person for an offence, if and so far as provided by an order
under section 61(1).”

13(1)In section 29 of the Crime (International Co-operation) Act 2003—

(a)30in the heading, for “television” substitute “video or audio”;

(b)in subsection (1), for the words from “section 32(1A)” to “apply”
substitute “section 51 of the Criminal Justice Act 2003 (live links in
criminal proceedings) to apply in relation to witnesses who are
outside the United Kingdom”.

(2)35The Evidence Through Television Links (England and Wales) Order 2013
(S.I. 2013/1598) is revoked.

14In the Sentencing Code, omit section 391.

15In section 24 of the Domestic Abuse Act 2021 (breach of domestic abuse
protection notice), for subsection (8) substitute—

“(8)40The requirement in subsection (2) to bring a person before the court
is satisfied if the person appears before the court through a live video
link or live audio link (within the meaning given by section 56 of the
Criminal Justice Act 2003).”

Section 172

Schedule 20 Minor amendments in relation to the sentencing consolidation

Part 1 Amendments to the Sentencing Act 2020

15The Sentencing Act 2020 is amended as follows.

2In section 108(4), for “Part” substitute “Chapter”.

3In section 166(7), for “paragraph” substitute “entry”.

4In section 293(2)(d), for “(“a progress report”) substitute “(a “progress
report”)”.

510In section 414(6), in each of paragraphs (a) and (b), for “by the Armed Forces
Act 2006” substitute “by or under the Armed Forces Act 2006”.

6(1)Schedule 5 is amended as follows.

(2)In paragraph 7(2)(b), after “before a youth court” insert “or, if the offender is
aged 18 or over, a magistrates’ court other than a youth court.”

(3)15In paragraph 9—

(a)in sub-paragraph (1), after “a youth court” insert “or other
magistrates’ court”;

(b)in sub-paragraph (6), for “youth court” substitute “magistrates’
court”.

720In Schedule 16, in paragraph 11(4)(b), for first “by” substitute “be”.

8In Schedule 21, in paragraph 4(1)—

(a)omit the word “and” at the end of paragraph (b);

(b)at the end of paragraph (c) insert “and”.

9(1)Schedule 22 is amended as follows.

(2)25In paragraph 27—

(a)in sub-paragraph (1)(b), in the inserted paragraph (aa), after
“Schedule 22” insert “to the Sentencing Act 2020”.

(b)in sub-paragraph (3), after “Schedule 22” insert “to the Sentencing
Act 2020”.

(3)30In paragraph 43—

(a)the words from “, in subsection (2)” to the end become sub-
paragraph (a);

(b)after that sub-paragraph insert—

“(b)in subsection (3), at the beginning
35insert “If the offender was aged 21 or
over when convicted,”.

Part 2 Amendments to other enactments

Criminal Justice Act 2003 (c. 44)

10In section 237(1B) of the Criminal Justice Act 2003, after paragraph (a)
5insert—

“(aa)references to a sentence of detention under section 262 of the
Sentencing Code include a sentence of detention in a young
offender institution under section 210B of the Armed Forces
Act 2006;”.