Legislation – Police and Justice Act 2006

In section 22 of the Criminal Appeal Act 1968 (c. 19) (right of appellant to be present at criminal appeal hearings in Court of Appeal), after subsection (3) there is inserted—

“(4)

The Court of Appeal may give a live link direction in relation to a hearing at which the appellant is expected to be in custody but is entitled to be present (by virtue of subsection (1) or leave given under subsection (2)) at any time before the beginning of that hearing.

(5)

For this purpose—

(a)

a “live link direction” is a direction that the appellant (if he is being held in custody at the time of the hearing) is to attend the hearing through a live link from the place at which he is held; and

(b)

“live link” means an arrangement by which the appellant is able to see and hear, and to be seen and heard by, the Court of Appeal (and for this purpose any impairment of eyesight or hearing is to be disregarded).

(6)

The Court of Appeal—

(a)

must not give a live link direction unless the parties to the appeal have had the opportunity to make representations about the giving of such a direction; and

(b)

may rescind a live link direction at any time before or during any hearing to which it applies (whether of its own motion or on the application of a party).”

In section 23 of that Act (giving of evidence), after subsection (4) there is inserted—

“(5)

A live link direction under section 22(4) does not apply to the giving of oral evidence by the appellant at any hearing unless that direction, or any subsequent direction of the court, provides expressly for the giving of such evidence through a live link.”

In section 31(2) of that Act (powers exercisable by single judge), after paragraph (c) there is inserted—

“(ca)

to give a live link direction under section 22(4);”.