Part 8Live links
I151Live links in criminal proceedings
1
A witness (other than the defendant) may, if the court so directs, give evidence through a live link in the following criminal proceedings.
2
They are—
a
a summary trial,
b
an appeal to the Crown Court arising out of such a trial,
c
a trial on indictment,
d
an appeal to the criminal division of the Court of Appeal,
e
the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 (c. 35),
f
a hearing before a magistrates' court or the Crown Court which is held after the defendant has entered a plea of guilty, and
g
a hearing before the Court of Appeal under section 80 of this Act.
3
A direction may be given under this section—
a
on an application by a party to the proceedings, or
b
of the court’s own motion.
4
But a direction may not be given under this section unless—
a
the court is satisfied that it is in the interests of the efficient or effective administration of justice for the person concerned to give evidence in the proceedings through a live link,
b
it has been notified by the Secretary of State that suitable facilities for receiving evidence through a live link are available in the area in which it appears to the court that the proceedings will take place, and
c
that notification has not been withdrawn.
5
The withdrawal of such a notification is not to affect a direction given under this section before that withdrawal.
6
In deciding whether to give a direction under this section the court must consider all the circumstances of the case.
7
Those circumstances include in particular—
a
the availability of the witness,
b
the need for the witness to attend in person,
c
the importance of the witness’s evidence to the proceedings,
d
the views of the witness,
e
the suitability of the facilities at the place where the witness would give evidence through a live link,
f
whether a direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence.
8
The court must state in open court its reasons for refusing an application for a direction under this section and, if it is a magistrates' court, must cause them to be entered in the register of its proceedings.