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Clause 33 [Reports by Chief Inspector]:
Baroness Scotland of Asthal moved Amendment No. 29:
On Question, amendment agreed to.
Clause 34 [Further provision]:
Baroness Scotland of Asthal moved Amendment No. 30:
On Question, amendment agreed to.
Clause 35 [Abolition of existing inspectorates]:
Baroness Scotland of Asthal moved Amendment No. 31:
On Question, amendment agreed to.
Clause 36 [Transfer of staff and property etc]:
Baroness Scotland of Asthal moved Amendment No. 32:
On Question, amendment agreed to.
Clause 37 [Consequential amendments]:
Baroness Scotland of Asthal moved Amendment No. 33:
On Question, amendment agreed to.
Baroness Scotland of Asthal moved Amendment No. 34:
On Question, amendment agreed to.
Clause 50 [Attendance by accused at certain preliminary or sentencing hearings]:
Baroness Scotland of Asthal moved Amendment No. 35:
Page 36, line 32, after court insert in the circumstances provided for in sections 57B, 57BA and 57C
The noble Baroness said: My Lords, Clause 50 provides for defendants in custody to appear at a preliminary hearing over a live link, and it allows defendants who are in police custody at a police station to appear by live link.
In Committee, and again on Report, the noble Baroness, Lady Anelay, expressed concern about the possible disadvantage to a defendant in custody of being obliged to appear by live link. She tabled amendments that would require the defendants consent before a live link direction could be made.
The Government are content to take account of those concerns by adding such a consent requirement. In this regard, we all have the same purpose, and we think that it could be delivered perfectly efficiently and effectively in this way.
At the same time, the fact that the existing clause would mean that a live link would not be available for a defendant who qualified for police bail is arguably anomalous. It would seem to disadvantage defendants who do not pose enough of a risk to be detained, as they would be unable to make an appearance by live link, even if they were anxious to plead guilty as soon as possible. The Governments amendments would enable both categories of defendantthose who are detained and those who are bailedto benefit from the live link facility if they wish to do so.
To meet any concerns about the potential disadvantage of appearing over a live link, we have included an express requirement for the defendants
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To ensure that the amendments operate in conjunction with the Police and Criminal Evidence Act, we have amended that Act to make provision for bailed defendants to appear over a live link. The amendments create within PACE a special class of bailthat is, live link bail.
The amendments also provide for what should happen when a scheduled live link involving a bailed defendant does not take place because, for example, he does not wish to participate or because a live link is not available. In those circumstances, the police will have all the powers, under PACE, that they would have had when the person was arrested so that they may bail the defendant to appear in court in the usual way on another date.
We are conscious of the need to ensure that defendants appearing in this way have access to appropriate legal advice, and discussions are under way to achieve that objective in the proposed pilot.
The Government believe that the amendments will enable the most effective use to be made of live links from police station to court, thereby providing speedier justice, while ensuring that the defendant has the safeguard of an entirely consensual process. I hope that that will satisfy all Members of the House who have expressed an interest in this issue. I beg to move.
Baroness Anelay of St Johns: My Lords, I support these government amendments without reservation. I am grateful to the noble Baroness for taking on board so effectively the concerns that I expressed at previous stages relating to consentthat live link directions will be given only when there has been express consent. I think the proposal to extend that provision to those who have been granted bail is a very practical and appropriate one.
On Question, amendment agreed to.
Baroness Scotland of Asthal moved Amendments Nos. 36 to 51:
custody- (a) includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969; but (b) does not include police detention; police detention has the meaning given by section 118(2) of the Police and Criminal Evidence Act 1984;(1) This section applies in relation to a preliminary hearing in a magistrates' court or the Crown Court.
(2) Where it appears to the court before which the preliminary hearing is to take place that the accused is likely to be held in custody during the hearing, the court may give a live link direction under this section in relation to the attendance of the accused at the hearing.
(2A) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.
( ) If in a case where it has power to do so a magistrates' court decides not to give a live link direction under this section, it must-
(2) Where subsection (3) or (4) applies to the accused, the court may give a live link direction in relation to his attendance at the preliminary hearing.
(4) This subsection applies to the accused if he is at a police station in answer to live link bail in connection with the offence.
(5) A live link direction under this section is a direction requiring the accused to attend the preliminary hearing through a live link from the police station.
(6) But a direction given in relation to an accused to whom subsection (3) applies has no effect if he does not remain in police detention at the police station until the beginning of the preliminary hearing.
(7) A live link direction under this section may not be given unless the accused has given his consent to the court.
(8) A magistrates' court may rescind a live link direction under this section at any time before or during a hearing to which it relates.
(10) Where a live link direction under this section is made in relation to an accused person who is answering to live link bail he is to be treated as having surrendered to the custody of the court (as from the time when the direction is made).
(11) In this section, live link bail means bail granted under Part 4 of the Police and Criminal Evidence Act 1984 subject to the duty mentioned in section 47(3)(b) of that Act.
(2A) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.
On Question, amendments agreed to.
Baroness Scotland of Asthal moved Amendment No. 52:
(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-
(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.
(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-
(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-
(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-
(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.
On Question, amendment agreed to.
Clause 53 [Orders and regulations]:
Baroness Scotland of Asthal moved Amendments Nos. 53 and 54:
On Question, amendments agreed to.
Baroness Scotland of Asthal moved Amendment No. 55:
On Question, amendment agreed to.
Schedule 1 [National Policing Improvement Agency]:
Baroness Scotland of Asthal moved Amendment No. 56:
Page 57, line 29, leave out for Justice, Community Safety and Custody and insert of Constabulary
On Question, amendment agreed to.
Schedule 2 [Amendments to the Police Act 1996]:
Baroness Harris of Richmond moved Amendment No. 57:
A relevant council or joint committee shall exercise its powers to appoint members of a police authority under
18 Oct 2006 : Column 830
The noble Baroness said: My Lords, Amendments Nos. 57 and 58 relate to putting into primary legislation the principle of ensuring political balance on police authorities. Notwithstanding the peace and enjoyment that we have had from the Minister this afternoona wonderful array of goodiesand unless she is able to assure me differently in her response, I believe that we may have reached the watermark on this.
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