Part 5U.K.Miscellaneous and general

[F1Live linksU.K.

Textual Amendments

F1Ss. 206A-206C inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 78, 116; S.I. 2009/3096, art. 3(u)

206BLive links: supplementaryU.K.

(1)The appropriate judge may rescind a live link direction at any time before or during a hearing to which it relates.

(2)The appropriate judge must not give a live link direction or rescind such a direction unless the parties to the proceedings have been given the opportunity to make representations.

(3)If a hearing takes place in relation to the giving or rescinding of a live link direction, the appropriate judge may require or permit any party to the proceedings who wishes to make representations to do so through a live link.

(4)If in a case where an appropriate judge has power to give a live link direction but decides not to do so, the appropriate judge must—

(a)state in open court the reasons for not doing so, and

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

(5)Subsection (7) applies if—

(a)an application for a live link direction is made under section 206A(4) in relation to a qualifying hearing but the application is refused, or

(b)a live link direction is given in relation to a qualifying hearing but the direction is rescinded before the hearing takes place.

(6)A hearing is a qualifying hearing—

(a)in relation to proceedings under Part 1, if it is a hearing by virtue of which section 4(3) would be complied with;

(b)in relation to proceedings under Part 2, if it is a hearing by virtue of which section 72(3) [F2, 74(3) or 74A(3)] would be complied with.

(7)The requirement in section 4(3), 72(3) [F3, 74(3) or 74A(3)] (as the case requires) to bring the person as soon as practicable before the appropriate judge is to be read as a requirement to bring the person before that judge as soon as practicable after the application is refused or the direction is rescinded.]

Textual Amendments