Police and Justice Act 2006 (c. 48)

(The document as of February, 2008)

-- Back --

Page 6

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

(5) The court shall not give or rescind such a direction (whether at a hearing or otherwise) unless the parties to the proceedings have been given the opportunity to make representations.

(6) If in a case where it has power to do so a magistrates' court decides not to give a live link direction under this section, it must--

(a) state in open court its reasons for not doing so; and

(b) cause those reasons to be entered in the register of its proceedings.

57C Use of live link at preliminary hearings where accused is at police station

(1) This section applies in relation to a preliminary hearing in a magistrates' court.

(2) Where subsection (3) or (4) applies to the accused, the court may give a live link direction in relation to his attendance at the preliminary hearing.

(3) This subsection applies to the accused if--

(a) he is in police detention at a police station in connection with the offence; and

(b) it appears to the court that he is likely to remain at that station in police detention until the beginning of the preliminary hearing.

(4) This subsection applies to the accused if he is at a police station in answer to live link bail in connection with the offence.

(5) A live link direction under this section is a direction requiring the accused to attend the preliminary hearing through a live link from the police station.

(6) But a direction given in relation to an accused to whom subsection (3) applies has no effect if he does not remain in police detention at the police station until the beginning of the preliminary hearing.

(7) A live link direction under this section may not be given unless the accused has given his consent to the court.

(8) A magistrates' court may rescind a live link direction under this section at any time before or during a hearing to which it relates.

(9) A magistrates' court may require or permit--

(a) the accused to give or withhold consent under subsection (7) through a live link; and

(b) any party to the proceedings who wishes to make representations in relation to the giving or rescission of a live link direction under this section to do so through a live link.

(10) Where a live link direction under this section is given in relation to an accused person who is answering to live link bail he is to be treated as having surrendered to the custody of the court (as from the time when the direction is given).

(11) In this section, "live link bail" means bail granted under Part 4 of the Police and Criminal Evidence Act 1984 subject to the duty mentioned in section 47(3)(b) of that Act."

57D Continued use of live link for sentencing hearing following a preliminary hearing

(1) Subsection (2) applies where--

(a) a live link direction under section 57B or 57C is in force;

(b) the accused is attending a preliminary hearing through a live link by virtue of the direction;

(c) the court convicts him of the offence in the course of that hearing (whether by virtue of a guilty plea or an indication of an intention to plead guilty); and

(d) the court proposes to continue the hearing as a sentencing hearing in relation to the offence.

(2) The accused may continue to attend through the live link by virtue of the direction if--

(a) the hearing is continued as a sentencing hearing in relation to the offence;

(b) the accused consents to his continuing to attend through the live link; and

(3) But the accused may not give oral evidence through the live link during a continued hearing under subsection (2) unless--

(a) he consents to give evidence in that way; and

(b) the court is satisfied that it is not contrary to the interests of justice for him to give it in that way.

57E Use of live link in sentencing hearings

(1) This section applies where the accused is convicted of the offence.

(2) If it appears to the court by or before which the accused is convicted that it is likely that he will be held in custody during any sentencing hearing for the offence, the court may give a live link direction under this section in relation to that hearing.

(3) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.

(4) Such a direction--

(a) may be given by the court of its own motion or on an application by a party; and

(b) may be given in relation to all subsequent sentencing hearings before the court or to such hearing or hearings as may be specified or described in the direction.

(5) The court may not give such a direction unless--

(a) the offender has given his consent to the direction; and

(b) the court is satisfied that it is not contrary to the interests of justice to give the direction.

(6) The court may rescind such a direction at any time before or during a hearing to which it relates if it appears to the court to be in the interests of justice to do so (but this does not affect the court's power to give a further live link direction in relation to the offender).

The court may exercise this power of its own motion or on an application by a party.

(7) The offender may not give oral evidence while attending a hearing through a live link by virtue of this section unless--

(a) he consents to give evidence in that way; and

(b) the court is satisfied that it is not contrary to the interests of justice for him to give it in that way.

(8) The court must--

(a) state in open court its reasons for refusing an application for, or for the rescission of, a live link direction under this section; and

(b) if it is a magistrates' court, cause those reasons to be entered in the register of its proceedings. "

46 Live link bail

(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2) After section 34(7) (persons who are to be treated as arrested) there is inserted--

" (8) Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either--

(a) attends a police station to answer to such bail, or

(b) is arrested under section 46A for failing to do so,

(provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA). "

(3) After section 46 (detention after charge) there is inserted--

" 46ZA Persons granted live link bail

(1) This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b) ("live link bail").

(2) An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.

(3) Subsection (2) does not apply in relation to an accused person if--

(a) at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction;

(b) at any such time, a constable informs him that a live link will not be available for his use for the purposes of that section;

(c) proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or

(d) the court determines for any other reason not to give such a direction.

(4) If any of paragraphs (a) to (d) of subsection (3) apply in relation to a person, he is to be treated for the purposes of this Part--

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when that paragraph first applied in relation to him.

(5) An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part--

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when he is brought to the station.

(6) Nothing in subsection (4) or (5) affects the operation of section 47(6). "

(4) In section 46A (power of arrest for failure to answer to police bail) after subsection (1) there is inserted--

" (1ZA) The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for him to do so includes a reference to a person who--

(a) attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but

(b) leaves the police station at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, without informing a constable that he does not intend to give his consent to the direction. "

(5) In section 47 (bail after arrest) --

(a) in subsection (3), for paragraphs (a) and (b) and the words following them there is substituted--

" (a) to appear before a magistrates' court at such time and such place as the custody officer may appoint;

(b) to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of--

(i) proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 (use of live link direction at preliminary hearings where accused is at police station); and

(ii) any preliminary hearing in relation to which such a direction is given; or

(c) to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b). " ;

(b) in subsection (7), at the end there is inserted "or to a person to whom section 46ZA(4) or (5) applies".

(6) In section 54 (searches of detained persons), in subsection (1)(b), after "37 above" there is inserted "or as a person to whom section 46ZA(4) or (5) applies".

47 Evidence of vulnerable accused

After section 33 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (interpretation etc of Chapter 1 of Part 2) there is inserted--

" Chapter 1A Use of live link for evidence of certain accused persons

33A Live link directions

(1) This section applies to any proceedings (whether in a magistrates' court or before the Crown Court) against a person for an offence.

(2) The court may, on the application of the accused, give a live link direction if it is satisfied--

(a) that the conditions in subsection (4) or, as the case may be, subsection (5) are met in relation to the accused, and

(b) that it is in the interests of justice for the accused to give evidence through a live link.

(3) A live link direction is a direction that any oral evidence to be given before the court by the accused is to be given through a live link.

(4) Where the accused is aged under 18 when the application is made, the conditions are that--

(a) his ability to participate effectively in the proceedings as a witness giving oral evidence in court is compromised by his level of intellectual ability or social functioning, and

(b) use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise).

(5) Where the accused has attained the age of 18 at that time, the conditions are that--

(a) he suffers from a mental disorder (within the meaning of the Mental Health Act 1983) or otherwise has a significant impairment of intelligence and social function,

(b) he is for that reason unable to participate effectively in the proceedings as a witness giving oral evidence in court, and

(c) use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise).

(6) While a live link direction has effect the accused may not give oral evidence before the court in the proceedings otherwise than through a live link.

(7) The court may discharge a live link direction at any time before or during any hearing to which it applies if it appears to the court to be in the interests of justice to do so (but this does not affect the power to give a further live link direction in relation to the accused).

The court may exercise this power of its own motion or on an application by a party.

(8) The court must state in open court its reasons for--

(a) giving or discharging a live link direction, or

(b) refusing an application for or for the discharge of a live link direction,

and, if it is a magistrates' court, it must cause those reasons to be entered in the register of its proceedings.

33B Section 33A: meaning of "live link"

(1) In section 33A "live link" means an arrangement by which the accused, while absent from the place where the proceedings are being held, is able--

(a) to see and hear a person there, and

(b) to be seen and heard by the persons mentioned in subsection (2),

and for this purpose any impairment of eyesight or hearing is to be disregarded.

(2) The persons are--

(a) the judge or justices (or both) and the jury (if there is one),

(b) where there are two or more accused in the proceedings, each of the other accused,

(d) any interpreter or other person appointed by the court to assist the accused.

33C Saving

Nothing in this Chapter affects--

(a) any power of a court to make an order, give directions or give leave of any description in relation to any witness (including an accused), or

(b) the operation of any rule of law relating to evidence in criminal proceedings. "

48 Appeals under Part 1 of the Criminal Appeal Act 1968

(1) 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). "

(2) 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. "

(3) 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); " .

Part 6 Supplemental

49 Orders and regulations

(1) Subsections (2) to (5) apply to any power to make an order or regulations that is conferred by this Act on--

(a) the Secretary of State,

(b) the Registrar General, or

Subsections (2) and (3) also apply to any power to make an order that is conferred by this Act on the Scottish Ministers or the National Assembly for Wales.

(2) The power is exercisable by statutory instrument.

(3) The power may be exercised so as--

(a) to make different provision for different purposes or different areas;

(b) to make provision generally or for specified cases or circumstances;

(4) A statutory instrument containing an order or regulations made under any power to which this subsection applies, other than--

(a) an order to which subsection (5) applies, or

(b) an order under section 53,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) A statutory instrument containing--

(a) an order under paragraph 48 of Schedule 1, or

(b) an order that includes provision made by virtue of section 51(3)(b)(i) or (ii),

may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing an order under paragraph 48 of Schedule 1 made by the Scottish Ministers may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.

(7) A statutory instrument containing an order under section 51 made by the Scottish Ministers, other than an order to which subsection (8) applies, is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(8) A statutory instrument containing an order under section 51 made by the Scottish Ministers that includes provision made by virtue of subsection (3)(b)(i) of that section may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.

50 Money

(1) There is to be paid out of money provided by Parliament--

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act;

(b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

(2) Sums received by a Minister of the Crown by virtue of this Act are to be paid into the Consolidated Fund.

51 Power to make consequential and transitional provision etc

(1) The Secretary of State may by order make--

(a) any supplementary, incidental or consequential provision, and

(b) any transitional or saving provision,

that he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

(2) The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than the Secretary of State) where the provision to be made is within the legislative competence of the Scottish Parliament.

(3) An order under this section may in particular--

(a) provide for any provision of this Act which comes into force before another provision has come into force to have effect, until that other provision has come into force, with specified modifications;

(b) amend or repeal--

(i) any Act (including this Act and any Act passed in the same Session as this Act) or any Act of the Scottish Parliament;

(ii) Northern Ireland legislation;

(iii) subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made before the passing of this Act.

(4) Nothing in this section limits the power under section 49 to include transitional or saving provision in a commencement order under section 53.

(5) The amendments that may be made by virtue of subsection (3)(b) are in addition to those that are made by, or may be made under, any other provision of this Act.

52 Amendments and repeals

Schedules 14 (minor and consequential amendments) and 15 (repeals and revocations) have effect.

53 Commencement

(1) Subject to subsections (2) to (9)--

(a) Parts 1 to 5, and

(b) section 52 (and Schedules 14 and 15),

come into force in accordance with provision made by order by the Secretary of State.

(2) Subsection (1) does not apply to--

(a) section 43(2) to (6);

(b) paragraph 6 of Schedule 13;

(d) paragraphs 34, 39, 47, 49 and 59 of Schedule 14;

(e) the repeals in Part 1(B) of Schedule 15 that relate to the paragraphs mentioned in paragraphs (c) and (d);

(f) section 52 so far as relating to any of those paragraphs and repeals.

(3) An order bringing the following provisions into force may be made only with the consent of the Scottish Ministers--

(a) section 1(2)(b);

(b) Parts 5 and 6 of Schedule 1 and paragraphs 51 to 53 of that Schedule (and section 1(3) so far as relating to those provisions);

(c) in Part 1(A) of Schedule 15, the repeals in or of the following provisions (and section 52 so far as relating to those repeals)--

(i) the Police (Scotland) Act 1967 (c. 77);

(ii) sections 109 to 111 of the Police Act 1997 (c. 50), Schedule 8 to that Act and paragraphs 10, 12 and 14 of Schedule 9 to that Act;

(iii) the Scottish Public Services Ombudsman Act 2002 (asp 11).

(4) The following provisions come into force in accordance with provision made by order by the Scottish Ministers--

(a) sections 35 to 38 so far as they extend to Scotland;

(b) paragraphs 17 to 19 and 29 of Schedule 14 so far as they extend to Scotland;

(d) the repeals in Part 5 of Schedule 15 of--

(i) provisions in section 13 of the Computer Misuse Act 1990 (c. 18);

(ii) section 17(7) of that Act so far as it extends to Scotland;

(iii) paragraph 77 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40);

(e) section 52 so far as relating to those paragraphs and repeals.

(5) Paragraph 7(2) of Schedule 9 (and section 22 so far as relating to that paragraph), so far as relating to fire and rescue authorities in Wales, comes into force in accordance with provision made by order by the National Assembly for Wales.

(6) The following provisions, so far as relating to local authorities in Wales, come into force in accordance with provision made by order by the National Assembly for Wales--

(a) sections 19 and 20 and Schedule 8;

(b) paragraph 38 of Schedule 14 (and section 52 so far as relating to that paragraph);

(d) the repeal in Part 3 of Schedule 15 of section 91 of the Anti-social Behaviour Act 2003 (c. 38) (and section 52 so far as relating to that repeal).

(7) The following provisions, so far as relating to local authorities in Wales or registered social landlords on the register maintained by the National Assembly for Wales, come into force in accordance with provision made by order by the Assembly--

(a) sections 23 to 25;

(b) paragraphs 53 to 57 of Schedule 14 (and section 52 so far as relating to those paragraphs).

(8) The following provisions--

(a) so far as relating to the granting of injunctions on the application of a relevant Welsh landlord--

(i) section 26,

(ii) paragraph 32 of Schedule 14,

(iii) in Part 3 of Schedule 15, the repeal of section 13(4)(b) of the Anti-social Behaviour Act 2003 (c. 38), and

(iv) section 52 so far as relating to that paragraph and that repeal,

(b) so far as relating to any tenancy where the landlord is a relevant Welsh landlord--

(i) paragraphs 12, 13 and 15 of Schedule 14, and

(ii) section 52 so far as relating to those paragraphs, and

(i) paragraph 33 of Schedule 14, and

(ii) section 52 so far as relating to that paragraph,

come into force in accordance with provision made by order by the National Assembly for Wales.

(9) For the purposes of subsection (8), each of the following is a "relevant Welsh landlord"--

(a) a Welsh county council or county borough council;

(b) a registered social landlord on the register maintained by the National Assembly for Wales;

(10) The provision that may (by virtue of section 49(3)(c)) be made in an order under this section bringing section 4 into force includes provision prescribing modifications of Part 1 of the Local Government Act 1999 (c. 27) in its application to police authorities.

54 Extent

(1) Subject to subsections (2) to (6), Parts 1 to 5 extend to England and Wales only.

(2) The following provisions extend also to Scotland and Northern Ireland--

section 1(2)(b);
Parts 5 and 6 of Schedule 1 (and section 1(3) so far as relating to those Parts);
section 5 and Schedule 3;
section 38;
section 41.

(3) Sections 6 and 13 extend also to Northern Ireland.

(4) Section 40 and Schedule 12 extend to Northern Ireland only.

(5) Any amendment or repeal made by this Act extends to the same part or parts of the United Kingdom as the provision to which it relates.

(6) Subsection (5) does not apply to the amendments made by paragraphs 14 and 37 of Schedule 14, which do not extend to Scotland.

(7) In section 63 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (extent), after subsection (3) (power to extend Act to Channel Islands or Isle of Man with or without modification or adaptation) there is inserted--

" (3A) In subsection (3), the reference to this Act includes--

(a) a reference to this Act as it has effect with the amendments and repeals made in it by the Police and Justice Act 2006, and

(b) a reference to this Act as it has effect without those amendments and repeals. "

55 Short title

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

-- Back --

Stat