7E+WAfter Schedule 3 there were inserted—
1This Part of this Schedule applies to the conduct of preliminary hearings in accordance with live link directions under section 57B.
2(1)The accused may not take part in a preliminary hearing through a live audio link for the purpose of giving evidence.
(2)A person (other than the accused) may not take part in a preliminary hearing through a live audio link for the purpose of giving evidence unless—
(a)there are no suitable arrangements by means of which that person could give evidence through a live video link, and
(b)the parties agree to that person giving evidence through a live audio link.
(3)This paragraph does not apply to a preliminary hearing if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at the hearing (but see paragraph 4).
3(1)This paragraph applies to a preliminary hearing at which the court is deciding whether to grant or continue bail if the making of the decision is disputed (including where the court is minded to refuse or revoke bail of its own motion).
(2)The accused may not take part in the hearing through a live audio link.
(3)A person (other than the accused) may not take part in the hearing through a live audio link unless—
(a)that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
(b)there are no suitable arrangements by means of which that person could give evidence through a live video link, and
(c)the parties agree to that person giving evidence through a live audio link.
4(1)This paragraph applies to a preliminary hearing at which the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment).
(2)The accused may not take part in the hearing through a live audio link.
(3)A person (other than the accused) may not take part in the hearing through a live audio link unless—
(a)that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
(b)there are no suitable arrangements by means of which that person could give evidence through a live video link, and
(c)the parties agree to that person giving evidence through a live audio link.
(4)References in this paragraph to the accused include references to the person whom the court is minded to deal with for contempt of court.
5(1)This paragraph applies to a hearing under section 4 of the Criminal Procedure (Insanity) Act 1964.
(2)The hearing may not be conducted wholly as a video hearing.
(3)The accused may not take part in the hearing through a live audio link.
(4)A person (other than the accused) may not take part in the hearing through a live audio link unless—
(a)that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
(b)there are no suitable arrangements by means of which that person could give evidence through a live video link, and
(c)the parties agree to that person giving evidence through a live audio link.
6(1)This paragraph applies to a preliminary hearing at which the accused is expected to plead guilty.
(2)The accused may not take part in the hearing through a live audio link.
(3)A person (other than the accused) may not take part in the hearing through a live audio link unless—
(a)that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
(b)there are no suitable arrangements by means of which that person could give evidence through a live video link, and
(c)the parties agree to that person giving evidence through a live audio link.
7The limitations imposed under this Part of this Schedule are in addition to any others (such as those in section 57B(3)) which apply to the exercise of the power to give a direction under section 57B(2).
8This Part of this Schedule applies to the conduct of sentencing hearings in accordance with live link directions under section 57E.
9(1)The offender may not take part in a sentencing hearing through a live audio link.
(2)A person (other than the offender) may not take part in a sentencing hearing through a live audio link unless—
(a)that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
(b)there are no suitable arrangements by means of which that person could give evidence through a live video link, and
(c)the parties agree to that person giving evidence through a live audio link.
10The limitations imposed under this Part of this Schedule are in addition to any others (such as those in section 57E(2)) which apply to the exercise of the power to give a direction under section 57E(1).
11This Part of this Schedule applies to the conduct of enforcement hearings in accordance with live link directions under section 57F.
12(1)The person liable to pay the relevant sum may not take part in an enforcement hearing through a live audio link for the purpose of giving evidence.
(2)A person (other than the person liable to pay the relevant sum) may not take part in an enforcement hearing through a live audio link for the purpose of giving evidence unless—
(a)there are no suitable arrangements by means of which that person could give evidence through a live video link, and
(b)the parties to the hearing agree to that person giving evidence through a live audio link.
(3)In this paragraph “relevant sum” means the sum or financial penalty whose collection, discharge, satisfaction or enforcement the enforcement hearing is concerned with.
(4)This paragraph does not apply to an enforcement hearing if the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at the hearing (but see paragraph 14).
13(1)This paragraph applies to an enforcement hearing if the court is minded to impose imprisonment or detention on a person (the “defaulter”) in default of payment of a sum or financial penalty at the hearing.
(2)The defaulter may not take part in the hearing through a live audio link.
(3)A person (other than the defaulter) may not take part in the hearing through a live audio link unless—
(a)that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
(b)there are no suitable arrangements by means of which that person could give evidence through a live video link, and
(c)the parties to the hearing agree to that person giving evidence through a live audio link.
14(1)This paragraph applies to an enforcement hearing at which the court is minded to deal with a person for contempt of court (including enquiring into conduct and imposing punishment).
(2)The person liable to pay the relevant sum may not take part in the hearing through a live audio link.
(3)A person (other than the person liable to pay the relevant sum) may not take part in the hearing through a live audio link unless—
(a)that person's participation through the live audio link is only for the purpose of giving evidence at the hearing,
(b)there are no suitable arrangements by means of which that person could give evidence through a live video link, and
(c)the parties to the hearing agree to that person giving evidence through a live audio link.
(4)In this paragraph—
(a)“relevant sum” means the sum or financial penalty whose collection, discharge, satisfaction or enforcement the enforcement hearing is concerned with;
(b)references in this paragraph to the person liable to pay the relevant sum include references to the person whom the court is minded to deal with for contempt of court.
15The limitations imposed under this Part of this Schedule are in addition to any others (such as those in section 57F(2)) which apply to the exercise of the power to give a direction under section 57F.”