Part 5

Miscellaneous and general

Live links

Live links: supplementary
206B
1
The appropriate judge may rescind a live link direction at any time before or during a hearing to which it relates.
2
The appropriate judge must not give a live link direction or rescind such a direction unless the parties to the proceedings have been given the opportunity to make representations.
3
If a hearing takes place in relation to the giving or rescinding of a live link direction, the appropriate judge may require or permit any party to the proceedings who wishes to make representations to do so through a live link.
4
If in a case where an appropriate judge has power to give a live link direction but decides not to do so, the appropriate judge must—
a
state in open court the reasons for not doing so, and
b
cause those reasons to be entered in the register of proceedings.
5
Subsection (7) applies if—
a
an application for a live link direction is made under section 206A(4) in relation to a qualifying hearing but the application is refused, or
b
a live link direction is given in relation to a qualifying hearing but the direction is rescinded before the hearing takes place.
6
A hearing is a qualifying hearing—
a
in relation to proceedings under Part 1, if it is a hearing by virtue of which section 4(3) would be complied with;
b
in relation to proceedings under Part 2, if it is a hearing by virtue of which section 72(3)
, 74(3) or 74A(3)
would be complied with.
7
The requirement in section 4(3), 72(3)
, 74(3) or 74A(3)
(as the case requires) to bring the person as soon as practicable before the appropriate judge is to be read as a requirement to bring the person before that judge as soon as practicable after the application is refused or the direction is rescinded.
Ss. 206A-206C inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 78, 116; S.I. 2009/3096, art. 3(u)
Words in s. 206B(6)(b) substituted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 22(2); S.I. 2020/1652, reg. 2(1)(b)
Words in s. 206B(7) substituted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 22(3); S.I. 2020/1652, reg. 2(1)(b)