Section 78 Use of live link in extradition proceedings
375.This section amends the Extradition Act 2003 by inserting new sections 206A , 206B and 206C. These sections make it possible for a judge to give a live link direction in hearings before the judge other than the extradition hearing itself and other than any extradition proceedings which post date surrender. Section 206A(1) applies this section to all extradition related hearings in Parts 1 and 2 of the Extradition Act apart from the substantive extradition hearing and any hearings post dating surrender. A live link direction can be given in any case in which the appropriate judge is satisfied that the person in question is likely to be in custody at the time of the hearing and a live link direction can be made following an application by a party to the proceedings or on the appropriate judge’s own motion. By virtue of subsection (4) a live link direction can be given for all future hearings to which the section applies. Subsections (5) and (6) make it clear that the judge may not give a live link direction if it is contrary to the interests of justice and that the person whose extradition is sought must be considered as present in the court if they attend via live link.
376.Section 206B(1) allows the judge to rescind a live link direction at any time before or during a hearing. Section 206B(2) prevents the judge giving or rescinding a live link direction if both parties have not been afforded the opportunity of making representations. Section 206B(3) provides that representations on the giving or rescinding of the live link direction can be made via live link. If the appropriate judge does not give a live link direction he must state in open court the reasons for not doing so and enter those reasons in the register of proceedings as set out in section 206B(4). Sections 206B(5), (6) and (7) state that when an application for a live link hearing is refused or rescinded by a judge, the person whose extradition is sought must be brought before an appropriate judge as soon as practicable after the refusal of that application or rescinding of the direction.
377.Section 206C defines terms used in section 206A. Subsections (2) and (3) make sections 67 and 139 apply in determining the appropriate judge under Parts 1 and 2 of the Extradition Act 2003. Subsection (4) sets out the definition of what is meant by “affected by an extradition claim” for the purposes of this section. Subsection (5) sets out how references should be interpreted in England and Wales, Scotland and Northern Ireland. Subsection (6) sets out what is meant by “live link” for the purposes of this section.