Article 7 Amendment to the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

After article 6(2) insert—

“(3)

The Court of Appeal may give leave to any other person who wishes to be present on the hearing of an appeal under Part 2 of the Act.

(4)

The power of the Court of Appeal to hear any appeal under Part 2 of the Act, or any proceedings preliminary or incidental thereto, may be exercised although any person is for any reason not present.

(5)

The Court of Appeal may give a live link direction in relation to a hearing at which:

(a)

a person is expected to be in custody but is entitled to be present (by virtue of paragraph (1) or leave given under paragraph (2)); or

(b)

a person has been given leave to be present by virtue of paragraph (3),

at any time before the beginning of that hearing.

(6)

For this purpose—

(a)

a “live link direction” is a direction that the person (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)

a “live link” means an arrangement by which the person 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).

(7)

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).”.