The Serious Crime Act 2007 (Appeals under Section 24) Order 2008

Presence and live links

6.—(1) A person has a right to attend a hearing in public unless—

(a) it is a hearing preliminary or incidental to an appeal, including the hearing of an application for permission to appeal; or

(b) that person is in custody in consequence of—

(i) a verdict of not guilty by reason of insanity; or

(ii) a finding of disability.

(2) At any time before the beginning of a hearing, the Court of Appeal may give a live link direction in relation to that hearing if—

(a) a person who is a party to the appeal is expected to be in custody; and

(b) that person has a right to attend the hearing in accordance with paragraph (1).

(3) For this purpose—

(a) “live link direction” is a direction that the person concerned (if the person 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 the person is held; and

(b) “live link” means an arrangement by which the person concerned is able to see and hear, and to be seen and heard by, the Court of Appeal (for this purpose any impairment of eyesight or hearing is to be disregarded).

(4) The Court of Appeal—

(a) must not give a live link direction unless the persons who are 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 person who is a party to the appeal).