Section 106 Directions to attend through live link

England and Wales

The Crime and Disorder Act 1998 (c. 37) is amended as follows.

I4(2)

In section 57B (use of live link at preliminary hearings where accused is in custody), after subsection (6) add—

“(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).”

I5 I6(3)

In section 57C (use of live link at preliminary hearings where accused is at police station)—

(a)

after subsection (6) insert—

“(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).

I7(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 “ the accused continuing to attend through the live link is not contrary to the interests of justice. ”, and

(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).

Annotations

Commencement

I1: S. 106(1) in force at 14.12.2009 for specified purposes by S.I. 2009/3253, art. 2(a)(iii), 3(1)(a) (with art. 4)
I2: S. 106(1) in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(a)
I3: S. 106(1)(3) in force at 8.10.2012 in so far as not already in force by S.I. 2012/2374, art. 3(a)
I4: S. 106(2)(5) in force at 14.12.2009 by S.I. 2009/3253, art. 2(a)(i) (with art. 4)
I5: S. 106(3) in force at 14.12.2009 for specified purposes by S.I. 2009/3253, art. 3(1)(a) (with art. 4)
I6: S. 106(3) in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(a)
I7: S. 106(4) in force at 14.12.2009 by S.I. 2009/3253, art. 2(a)(ii)