Part 8

Live links

Interpretation of Part 8
56
1
In this Part—
.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
- “defendant” includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned,
- “eligible criminal proceedings” has the meaning given in section
51
(3)
,
- “enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—
  1. a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, or
  2. a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable),
- “live audio link”, in relation to a person (P) taking part in proceedings, means a live telephone link or other arrangement which—
  1. enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
  2. enables all other persons taking part in the proceedings who are not in the same location as P to hear P,
- “live video link”, in relation to a person (P) taking part in proceedings, means a live television link or other arrangement which—
  1. enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and
  2. enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P,
- “
local justice area
” has the same meaning as in the Courts Act 2003 (c. 39)
,
- “preliminary hearing” means a hearing in proceedings for an offence held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the Prosecution of Offences Act 1985), including, in the case of proceedings in the Crown Court, a preparatory hearing held under—
  1. section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud), or
  2. section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases),
- “relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned,
- “sentencing hearing” means any hearing following conviction for an offence which is held for the purpose of—
  1. proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing,
  2. sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), or
  3. determining—
    1. how the offender has complied with a sentence given in respect of the offence, or
    2. how the offender should be dealt with in respect of compliance with such a sentence,
and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “witness”, in relation to any criminal proceedings, means a person called, or proposed to be called, to give evidence in the proceedings.
1A
In this Part, reference to taking part in proceedings means taking part in whatever capacity, including hearing the proceedings as a member of the court.
1B
In the application of this Part in relation to a witness, a reference to taking part in proceedings includes attending those proceedings for a purpose preliminary or incidental to the giving of evidence.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The following matters are to be disregarded for the purposes of the definitions of “live audio link” and “live video link” in subsection (1)—
a
the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;
b
the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings.
5
Nothing in this Part is to be regarded as affecting any power of a court—
a
to make an order, give directions or give leave of any description in relation to any witness (including the defendant or defendants), or
b
to exclude evidence at its discretion (whether by preventing questions being put or otherwise).
In s. 56(1) definition of "rules of court" omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 48 (with art. 2(2))
In s. 56(1) definition of "petty-sessional court-house" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100
In s. 56(1) definition of "local justice area" substituted (1.4.2005) for definition of "petty sessions area" by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100
S. 56 wholly in force at 26.4.2010; s. 56 not in force at Royal Assent, see s. 336(3); s. 56 in force for certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 56 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(d) (with art. 4)
Words in s. 56(1) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 1(6)(a)(i)
Words in s. 56(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 1(6)(a)(ii)
S. 56(3) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 1(6)(c)
Words in s. 56(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 1(6)(a)(iii)
S. 56(1A)(1B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 1(6)(b)
S. 56(4) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 1(6)(d)
S. 56(2) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 1(6)(c)