Police, Crime, Sentencing and Courts Bill (HL Bill 95)

continued    Part 3 continued    

(2)The court may vary or rescind a direction under section 51 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
direction under that section in relation to the proceedings).

(3)5A direction under section 51 may not be rescinded unless—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direction to be rescinded,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)the parties to the proceedings have been given the
opportunity to make representations, and

(c)10if so required by subsection (9), the relevant youth offending
team has been given the opportunity to make
representations.

(4)In relation to the variation of a direction given under section 51—

(a)so far as the effect of the variation would be to allow a person
15to take part in eligible criminal proceedings through a live
audio link or a live video link, or to alter (without removing)
a person’s ability to do so, sections 51(4) and 53(1) to (3) apply
as they apply to the giving of a direction;

(b)so far as the effect of the variation would be to remove a
20person’s ability to take part in eligible criminal proceedings
through a live audio link or a live video link, subsection (3)
applies as it applies to the rescission of a direction.

(5)Section 51(5) and (6) applies in relation to the variation or rescission
of a direction given under section 51 as it applies to the giving of a
25direction under that section.

(6)A direction under section 51 may be given, varied or rescinded—

(a)on an application by a party to the proceedings, or

(b)of the court’s own motion.

But a party may not apply for a variation or rescission unless there
30has been a material change of circumstances since the direction was
given or last varied.

(7)The court must state in open court its reasons for refusing an
application for the giving, variation or rescission of a direction under
section 51 and, if it is a magistrates’ court, must cause them to be
35entered in the register of its proceedings.

(8)If a hearing takes place in relation to the giving, variation or
rescission of a direction under section 51, the court may require or
permit a person to take part in that hearing through—

(a)a live audio link, or

(b)40a live video link.

(9)The requirement referred to in section 51(4)(c) and subsection (3)(c)
arises in a case where—

(a)the defendant is a party to the proceedings, and

(b)either—

(i)45the defendant has not attained the age of 18 years, or

(ii)the defendant has attained the age of 18 years but the
court is dealing with the case as if the defendant had
not attained that age.

52A Further provision about the effect of live-link directions

(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)
5for 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
10present in court for the purposes of those proceedings.

(3)If eligible criminal proceedings are conducted with one or more
persons taking part in accordance with a direction under section 51,
the proceedings are to be regarded as taking place—

(a)if at least one member of the court is taking part in the
15proceedings while in a courtroom, in that courtroom (or, if
more than one courtroom falls within this paragraph, such of
them as the court directs),

(b)if no member of the court, but at least one other person, is
taking part in the proceedings while in a courtroom, in that
20courtroom (or, if more than one courtroom falls within this
paragraph, such of them as the court directs), or

(c)if no person is taking part in the proceedings while in a
courtroom, at such place as the court directs (being a place
where the court could lawfully sit for the purposes of those
25proceedings).

(4)In subsection (3), “courtroom” includes any place where proceedings
of the sort in question might ordinarily be held (if no person were
taking part in the proceedings in accordance with a direction under
section 51).

(5)30A 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
the proceedings in which it is given in evidence.”

(3)35In section 53—

(a)for the heading substitute “Further provision about live links in
magistrates’ courts”;

(b)in subsection (1)—

(i)in the words before paragraph (a), for “This section applies”
40substitute “Subsections (2) and (3) apply”;

(ii)in paragraph (a), for “for evidence to be given through a live
link in proceedings before the court” substitute “requiring or
permitting a person to take part in proceedings before the
court through a live audio link or a live video link”;

(iii)45in paragraph (b), for “receiving such evidence” substitute
“such participation”;

(c)after subsection (3) insert—

“(4)The following functions of a magistrates’ court may be
discharged by a single justice—

(a)giving a direction under section 51 or varying such a
direction under section 52(2);

(b)rescinding under section 52(2) a direction given
under section 51 before the eligible criminal
5proceedings concerned begin;
requiring or permitting, under section 52(8), a person
to take part by live audio link or live video link in a
hearing about a matter within paragraph (a) or (b).”

(4)In section 54(1), for “a live link” substitute “a live audio link or a live video
10link by a witness (including the defendant)”.

(5)In section 55—

(a)in subsection (2)—

(i)in paragraph (a), for “51 or 52” substitute “52(6)”;

(ii)in paragraph (b), for “live links” substitute “live audio links
15and live video links”;

(b)in subsection (3)—

(i)in paragraph (a), omit “uncontested”;

(ii)in paragraph (b), for “51” substitute “52(6)”;

(iii)in paragraph (c), for “51 or 52” substitute “52(6)”.

(6)20In section 56—

(a)in subsection (1)—

(i)omit the definition of “legal representative”;

(ii)before the definition of “local justice area” insert—

• ““bail” includes remand to local authority accommodation in
  25accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing
  and Punishment of Offenders Act 2012,

• “defendant” includes the person accused or convicted of an
  offence and, in the case of an enforcement hearing, the person
  liable to pay the sum or financial penalty concerned,

• 30“eligible criminal proceedings” has the meaning given in section
  51(3),

• “enforcement hearing” means a hearing relating to collection,
  discharge, satisfaction or enforcement of—

  (a)

  a sum that has been adjudged to be paid on conviction
  35for an offence 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 if it were such a sum (including
  40a hearing to determine whether a financial penalty is so
  enforceable),

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

  (a)

  45enables 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 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
  5the 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—

• 10““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)

  15section 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
  20(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)

  25proceedings (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
  30sentence 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
  35of 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)40In 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)In the application of this Part in relation to a witness, a
reference to taking part in proceedings includes attending
45those proceedings for a purpose preliminary or incidental to
the giving of evidence.”;

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

(d)for 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)5the 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
10by means of a screen or other arrangement from
seeing another person taking part in the
proceedings.”

Extradition Act 2003

2(1)The Extradition Act 2003 is amended as follows.

(2)15In section 206A—

(a)in 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)20in subsection (2)—

(i)for 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)25A live link direction is a direction requiring a person to take
part in the hearing (in whatever capacity) through a live
link.”;

(e)omit subsection (5);

(f)for subsection (6) substitute—

“(6)30A person who takes part in the hearing through a live link is
to be treated as present in court for the purposes of the
hearing.”

(3)In section 206C—

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

(b)35in subsection (6)—

(i)in 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
40who are not in the same location as P, and”;
in paragraph (b), for the words from “the judge” to the end
substitute “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
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 205

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,”.

11In Schedule 24, omit paragraph 154(f).

15Part 2 Amendments to other enactments

Criminal Justice Act 2003 (c. 44)

12In section 237(1B) of the Criminal Justice Act 2003, after paragraph (a)
insert—

“(aa)20references 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;”.

Counter-Terrorism and Sentencing Act 2021 (c. 11)

1325In Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, omit
paragraph 44.