SCHEDULES

SCHEDULE 23Live links in criminal proceedings

PART 1Expansion of powers under the Criminal Justice Act 2003

7Interpretation

1

Section 56 has effect as if amended as follows.

2

In subsection (1)—

a

before the definition of “legal representative” there were inserted—

  • “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,

  • “eligible criminal proceedings” has the meaning given in section 51(2),

b

after the definition of “local justice area” there were inserted—

  • “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,

3

For subsection (2) there were substituted—

2A

A reference to a person taking part in eligible criminal proceedings includes—

a

giving evidence in the proceedings, and

b

attending the proceedings when not giving evidence.

2B

A “live audio link”, in relation to a person (P) taking part in eligible criminal proceedings, is a live telephone link or other arrangement which—

a

enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and

b

enables all other persons taking part in the proceedings who are not in the same location as P to hear P.

2C

Eligible criminal proceedings are conducted wholly as audio proceedings if—

a

directions have been given under section 51 for all of the persons taking part in the proceedings to do so through a live audio link, and

b

all of those persons take part in the proceedings in accordance with those directions.

2D

A “live video link”, in relation to a person (P) taking part in eligible criminal proceedings, is a live television link or other arrangement which—

a

enables P to see and hear all other persons taking part in the proceedings who are not in same location as P, and

b

enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.

2E

Eligible criminal proceedings are conducted wholly as video proceedings if—

a

directions have been given, whether under section 51 or any other power, for all of the persons taking part in the proceedings to do so through a live video link, and

b

all of those persons take part in the proceedings in accordance with those directions.

4

In subsection (3)—

a

for the words before paragraph (a) there were substituted—

3

A reference to the persons participating in eligible criminal proceedings includes—

b

in paragraph (b), for “judge or justices (or both)” there were substituted “member or members of the court”;

c

after paragraph (b) there were inserted—

ba

witnesses in the proceedings,

d

in paragraph (d), for “the witness” there were substituted “in the proceedings”.

5

After subsection (3) there were inserted—

3A

Subsections (2A) to (3) apply for the purposes of this Part.

6

For subsection (4) there were substituted—

4

The following matters are to be disregarded for the purposes of subsections (2B) and (2D)—

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.