Legislation – Coroners and Justice Act 2009
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Part 3Criminal evidence, investigations and procedure
Chapter 4Live links
106Directions to attend through live link
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(2)
“(7)
The following functions of a magistrates’ court under this section may be discharged by a single justice—
(a)
giving a live link direction under this section;
(b)
rescinding a live link direction before a preliminary hearing begins; and
(c)
requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).”
(3)
In section 57C (use of live link at preliminary hearings where accused is at police station)—
(a)
“(6A)
A live link direction under this section may not be given unless the court is satisfied that it is not contrary to the interests of justice to give the direction.”,
(b)
omit subsection (7)
(no live link direction unless accused consents),
(c)
in subsection (8)
(power to rescind live link direction before or during hearing), omit “before or”, and
(d)
in subsection (9)
(representations about use of live link), omit paragraph (a)
(and the “and” following it).
(4)
In section 57D (continued use of live link for sentencing hearing following a preliminary hearing)—
(a)
in subsection (2)
(conditions for use of live link)—
(i)
omit paragraph (b)
(but not the “and” following it), and
(ii)
in paragraph (c), for “it” to the end substitute “
, and
the accused continuing to attend through the live link is not contrary to the interests of justice.
”
(b)
in subsection (3)
(conditions for giving oral evidence by live link), omit paragraph (a)
(and the “and” following it).
(5)
In section 57E (use of live link in sentencing hearings)—
(a)
in subsection (5)
(conditions for giving live link direction), omit paragraph (a)
(and the “and” following it), and
(b)
in subsection (7)
(conditions for giving oral evidence by live link), omit paragraph (a)
(and the “and” following it).