Rule 3.35 Live link direction: exercise of court’s powersI1

England and Wales

(1)

The court may exercise its power to give, vary or rescind a live link direction under sections 51 and 52 of the Criminal Justice Act 2003^f1 or under sections 206A and 206B of the Extradition Act 2003^f2—

(a)

at a hearing, in public or in private, or without a hearing; and

(b)

on an application under rule 3.36 (Content of application for a live link direction) or on its own initiative.

(2)

Whether it acts on an application or on its own initiative, the court must not give, vary or rescind a live link direction unless—

(a)

the court is satisfied that it is in the interests of justice to do so; and

(b)

each party and (if applicable) any representative of the youth offending team whose functions are exercisable in relation to a defendant—

(i)

is present, or

(ii)

has had an opportunity to make representations.

(3)

In deciding whether to give a live link direction the court must consider—

(a)

any guidance given by the Lord Chief Justice under section 51(5)(a) of the Criminal Justice Act 2003; and

(b)

all the circumstances of the case.

(4)

Those circumstances include in particular—

(a)

the availability of the proposed participant by live link;

(b)

any potential need for that person to attend in person instead of by live link;

(c)

any views which that person may have expressed;

(d)

the suitability of the facilities at the place where that person would take part by live link if the direction were given;

(e)

that person’s ability to take part effectively if the direction were given (and see paragraph (5));

(f)

if the proposed direction is for a person to give evidence by live link—

(i)

the importance of that person’s evidence to the case, and

(ii)

any potential for the proposed direction to inhibit a party from effectively testing that evidence;

(g)

if the proposed direction is for a person to take part by live link from a place outside the United Kingdom, any permission needed from a court or other authority in that place; and

(h)

arrangements for members of the public to see and hear proceedings at which a person takes part by live link (and see paragraph (6)).

(5)

In assessing a person’s ability to take part effectively by live link, where that person is a defendant the court must have regard to, among other things―

(a)

whether that defendant will be represented at the hearing for which the live link is proposed; and

(b)

what other assistance will be available to that defendant at that hearing (for example, an intermediary).

(6)

In assessing arrangements for members of the public to see and hear proceedings the court must have regard to, among other things, the terms of any direction under section 85A of the Courts Act 2003 (Remote observation and recording of proceedings by direction of the court).

(7)

Where the proposed live link direction is for a person to take part by live link from a place outside the United Kingdom, the party in respect of whose case it is sought must assist the court by―

(a)

finding out whether permission is needed from a court or other authority in that place;

(b)

preparing any formal request needed to obtain that permission; and

(c)

obtaining any such permission required.

(8)

Where the court refuses an application to give, vary or rescind a live link direction the court must announce in public its reasons for doing so.

[Note. See sections 51, 52, 52A and 53 of the Criminal Justice Act 2003 and sections 206A to 206C of the Extradition Act 2003.]

Annotations

Commencement

I1: Rule 3.35 in force at 6.10.2025, see Preamble

Footnotes

f1: 2003 c. 44; section 51 was substituted by section 200 of, and section 52 was substituted by paragraph 1 of Schedule 20 to, the Police, Crime, Sentencing and Courts Act 2022 (c. 32).
f2: 2003 c. 41; sections 206A and 206B were inserted by section 78 of the Policing and Crime Act 2009 (c. 26). Section 206A was amended by section 208 of, and paragraph 2 of Schedule 20 to, the Police, Crime Sentencing and Courts Act 2022 (c. 32).