Police, Crime, Sentencing and Courts Bill (HL Bill 72)

(c)after subsection (6) insert—

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

(a)the extent (if any) to which a person is unable to see or
5hear 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
10another person taking part in the hearing.”

Consequential amendments of other enactments

3(1)The Criminal Appeal Act 1968 is amended as follows.

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

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

(4)15In section 31—

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

“(aza)the powers under sections 51 and 52 of the Criminal
Justice Act 2003 as they are exercisable in relation to
appeals to the criminal division of the Court of
20Appeal and preliminary and incidental
proceedings;”;

(b)in subsection (2), omit paragraph (ca).

(5)In section 31A—

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

(b)25in subsection (2), omit paragraph (aa);

(c)after subsection (2) insert—

“(2A)The registrar may exercise the powers under sections 51 and
52 of the Criminal Justice Act 2003 as they are exercisable in
relation to appeals to the criminal division of the Court of
30Appeal and preliminary and incidental proceedings.”;

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

4(1)The Police and Criminal Evidence Act 1984 is amended as follows.

(2)In section 46ZA(3)—

(a)in paragraph (b)—

(i)35for 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)40In section 46A(1ZA)(b), for the word from “proceedings” to the end
substitute “the proceedings referred to in sub-paragraph (i) of that
provision”.

(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
5preliminary 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
10a live video link (within the meaning of that
section);”.

5In section 32 of the Criminal Justice Act 1988—

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

(b)15before subsection (1) insert—

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

6(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)20In 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).”

7(1)In section 29 of the Crime (International Co-operation) Act 2003—

(a)25in 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)30The Evidence Through Television Links (England and Wales) Order 2013
(S.I. 2013/1598) is revoked.

8In the Sentencing Code, omit section 391.

9In section 26 of the Domestic Abuse Act 2021 (breach of domestic abuse
protection notice), for subsection (8) substitute—

“(8)35The 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 174

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 the table in section 122(1) (standard scale of fines for summary offences)—

(a)in the heading of the second column, for “1 October 1992” substitute
“1 May 1984”;

(b)10between the second and third columns, insert—

4In section 166(7), for “paragraph” substitute “entry”.

5In section 293(2)(d), for “(“a progress report”) substitute “(a “progress
report”)”.

6In section 414(6), in each of paragraphs (a) and (b), for “by the Armed Forces
25Act 2006” substitute “by or under the Armed Forces Act 2006”.

7(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)In paragraph 9—

(a)30in sub-paragraph (1), after “a youth court” insert “or other
magistrates’ court”;

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

8In Schedule 16, in paragraph 11(4)(b), for first “by” substitute “be”.

935In 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”.

10(1)Schedule 22 is amended as follows.

(2)In 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
5Act 2020”.

(3)In paragraph 34, in the opening words, for “omit” substitute “in”.

(4)In paragraph 43—

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

(b)10after that sub-paragraph insert—

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

Part 2 15Amendments to other enactments

Criminal Justice Act 2003 (c. 44)

11In section 237(1B) of the Criminal Justice Act 2003, after paragraph (a)
insert—

“(aa)references to a sentence of detention under section 262 of the
20Sentencing Code include a sentence of detention in a young
offender institution under section 210B of the Armed Forces
Act 2006;”.