06230.25-28

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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“(8)
Subsection (7) does not apply in relation to a person who is granted

bail subject to the duty mentioned in section 47(3)(b) and who

either—

(a)
attends a police station to answer to such bail, or

(b)
is arrested under section 46A for failing to do so,


(provision as to the treatment of such persons for the purposes of

this Part being made by section 46ZA).”

(3)
After section 46 (detention after charge) there is inserted—

“46ZA
Persons granted live link bail

(1)
This section applies in relation to bail granted under this Part

subject to the duty mentioned in section 47(3)(b) (“live link bail”).

(2)
An accused person who attends a police station to answer to live

link bail is not to be treated as in police detention for the purposes

of this Act.

(3)
Subsection (2) does not apply in relation to an accused person if—

(a)
at any time before the beginning of proceedings in relation

to a live link direction under section 57C of the Crime and

Disorder Act 1998 in relation to him, he informs a constable

that he does not intend to give his consent to the direction;

(b)
at any such time, a constable informs him that a live link will

not be available for his use for the purposes of that section;

(c)
proceedings in relation to a live link direction under that

section have begun but he does not give his consent to the

direction; or

(d)
the court determines for any other reason not to give such a

direction.

(4)
If any of paragraphs (a) to (d) of subsection (3) apply in relation to

a person, he is to be treated for the purposes of this Part—

(a)
as if he had been arrested for and charged with the offence

in connection with which he was granted bail, and

(b)
as if he had been so charged at the time when that

paragraph first applied in relation to him.

(5)
An accused person who is arrested under section 46A for failing to

attend at a police station to answer to live link bail, and who is

brought to a police station in accordance with that section, is to be

treated for the purposes of this Part—

(a)
as if he had been arrested for and charged with the offence

in connection with which he was granted bail, and

(b)
as if he had been so charged at the time when he is brought

to the station.

(6)
Nothing in subsection (4) or (5) affects the operation of section

47(6).”

(4)
In section 46A (power of arrest for failure to answer to police bail) after

subsection (1) there is inserted—

“(1ZA)
The reference in subsection (1) to a person who fails to attend at a

police station at the time appointed for him to do so includes a

reference to a person who—

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(a)
attends at a police station to answer to bail granted subject

to the duty mentioned in section 47(3)(b), but

(b)
leaves the police station at any time before the beginning of

proceedings in relation to a live link direction under section

57C of the Crime and Disorder Act 1998 in relation to him,

without informing a constable that he does not intend to

give his consent to the direction.”

(5)
In section 47 (bail after arrest) —

(a)
in subsection (3) for paragraphs (a) and (b) and the words following

them there is substituted—

“(a)
to appear before a magistrates’ court at such time

and such place as the custody officer may appoint;

(b)
to attend at such police station as the custody officer

may appoint at such time as he may appoint for the

purposes of—

(i)
proceedings in relation to a live link

direction under section 57C of the Crime and

Disorder Act 1998 (use of live link direction

at preliminary hearings where accused is at

police station); and

(ii)
any preliminary hearing in relation to which

such a direction is given; or

(c)
to attend at such police station as the custody officer

may appoint at such time as he may appoint for

purposes other than those mentioned in paragraph

(b).”; and

(b)
in subsection (7) at the end insert “or to a person to whom section

46ZA(4) or (5) applies”.

(6)
In section 54 (searches of detained persons) in subsection (1)(b) after “37

above” there is inserted “or as a person to whom section 46ZA(4) or (5)

applies”.
40
Insert the following new Clause—

“Evidence of vulnerable accused

After section 33 of the Youth Justice and Criminal Evidence Act 1999 (c. 23)

(interpretation etc of Chapter 1 of Part 2) there is inserted—

“Chapter 1A

Use of live link for evidence of certain accused persons

33A
Live link directions

(1)
This section applies to any proceedings (whether in a magistrates’

court or before the Crown Court) against a person for an offence.

(2)
The court may, on the application of the accused, give a live link

direction if it is satisfied—

(a)
that the conditions in subsection (4) or, as the case may be,

subsection (5) are met in relation to the accused, and

(b)
that it is in the interests of justice for the accused to give

evidence through a live link.

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(3)
A live link direction is a direction that any oral evidence to be given

before the court by the accused is to be given through a live link.

(4)
Where the accused is aged under 18 when the application is made,

the conditions are that—

(a)
his ability to participate effectively in the proceedings as a

witness giving oral evidence in court is compromised by his

level of intellectual ability or social functioning, and

(b)
use of a live link would enable him to participate more

effectively in the proceedings as a witness (whether by

improving the quality of his evidence or otherwise).

(5)
Where the accused has attained the age of 18 at that time, the

conditions are that—

(a)
he suffers from a mental disorder (within the meaning of the

Mental Health Act 1983) or otherwise has a significant

impairment of intelligence and social function,

(b)
he is for that reason unable to participate effectively in the

proceedings as a witness giving oral evidence in court, and

(c)
use of a live link would enable him to participate more

effectively in the proceedings as a witness (whether by

improving the quality of his evidence or otherwise).

(6)
While a live link direction has effect the accused may not give oral

evidence before the court in the proceedings otherwise than

through a live link.

(7)
The court may discharge a live link direction at any time before or

during any hearing to which it applies if it appears to the court to

be in the interests of justice to do so (but this does not affect the

power to give a further live link direction in relation to the accused).


The court may exercise this power of its own motion or on an

application by a party.

(8)
The court must state in open court its reasons for—

(a)
giving or discharging a live link direction, or

(b)
refusing an application for or for the discharge of a live link

direction,


and, if it is a magistrates’ court, it must cause those reasons to be

entered in the register of its proceedings.

33B
Section 33A: meaning of “live link”

(1)
In section 33A “live link” means an arrangement by which the

accused, while absent from the place where the proceedings are

being held, is able—

(a)
to see and hear a person there, and

(b)
to be seen and heard by the persons mentioned in

subsection (2),


and for this purpose any impairment of eyesight or hearing is to be

disregarded.

(2)
The persons are—

(a)
the judge or justices (or both) and the jury (if there is one),

(b)
where there are two or more accused in the proceedings,

each of the other accused,

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(c)
legal representatives acting in the proceedings, and

(d)
any interpreter or other person appointed by the court to

assist the accused.

33C
Saving

Nothing in this Chapter affects—

(a)
any power of a court to make an order, give directions or

give leave of any description in relation to any witness

(including an accused), or

(b)
the operation of any rule of law relating to evidence in

criminal proceedings.””
41
Insert the following new Clause—

“Appeals under Part 1 of the Criminal Appeal Act 1968

(1)
In section 22 of the Criminal Appeal Act 1968 (c. 19) (right of appellant to

be present at criminal appeal hearings in Court of Appeal), after subsection

(3) there is inserted—

“(4)
The Court of Appeal may give a live link direction in relation to a

hearing at which the appellant is expected to be in custody but is

entitled to be present (by virtue of subsection (1) or leave given

under subsection (2)) at any time before the beginning of that

hearing.

(5)
For this purpose—

(a)
a “live link direction” is a direction that the appellant (if he

is being held in custody at the time of the hearing) is to

attend the hearing through a live link from the place at

which he is held; and

(b)
“live link” means an arrangement by which the appellant is

able to see and hear, and to be seen and heard by, the Court

of Appeal (and for this purpose any impairment of eyesight

or hearing is to be disregarded).

(6)
The Court of Appeal—

(a)
must not give a live link direction unless the parties to the

appeal have had the opportunity to make representations

about the giving of such a direction; and

(b)
may rescind a live link direction at any time before or

during any hearing to which it applies (whether of its own

motion or on the application of a party).”

(2)
In section 23 of that Act (giving of evidence), after subsection (4) there is

inserted—

“(5)
A live link direction under section 22(4) does not apply to the giving

of oral evidence by the appellant at any hearing unless that

direction, or any subsequent direction of the court, provides

expressly for the giving of such evidence through a live link.”

(3)
In section 31(2) of that Act (powers exercisable by single judge), after

paragraph (c) there is inserted—

“(ca)
to give a live link direction under section 22(4);”.”