SCHEDULES

SCHEDULE 20Further provision about video and audio links in criminal proceedings

I12Extradition Act 2003

1

The Extradition Act 2003 is amended as follows.

2

In section 206A—

a

in the heading, omit “certain”;

b

in subsection (1)—

i

in paragraph (a), omit the words from “other” to “56,”;

ii

in paragraph (b), omit the words from “, other” to the end;

c

in subsection (2)—

i

for the words from “the person” to “during the hearing,” substitute “it is in the interests of justice to do so,”;

ii

omit “at any time before the hearing”;

d

for subsection (3) substitute—

3

A live link direction is a direction requiring a person to take part in the hearing (in whatever capacity) through a live link.

e

omit subsection (5);

f

for subsection (6) substitute—

6

A person who takes part in the hearing through a live link is to be treated as present in court for the purposes of the hearing.

3

In section 206C—

a

omit subsections (4) and (5);

b

in subsection (6)—

i

in the opening words, for “, while absent from the place where the hearing is being held,” substitute “(P)”;

ii

in paragraph (a), for the words from “the appropriate” to the end substitute “all other persons taking part in the hearing who are not in the same location as P, and”;

iii

in paragraph (b), for the words from “the judge” to the end substitute “all other persons taking part in the hearing who are not in the same location as P.”;

iv

omit the words after paragraph (b);

c

after subsection (6) insert—

7

For the purposes of subsection (6) the following matters are to be disregarded—

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 a hearing to be prevented by means of a screen or other arrangement from seeing another person taking part in the hearing.