Part 13: Procedures in courts and tribunals Schedule 20: Further provision about video and audio links in criminal proceedings
Paragraph 1(2) inserts new sections 52 and 52A into the CJA 2003, setting out the supplementary procedural matters around the giving, variation and rescinding of live link directions.
	New section 52 provides that the court may direct the use of live link to several, or all, persons participating in "eligible criminal proceedings" (as defined in new section 51 of the CJA 2003 – see paragraph 1221 above) and may also give a direction which only applies to a particular person for certain aspects of the proceedings, such as the giving of evidence. Persons outside of England and Wales may be directed to participate through a live link if the court so directs.
	Under new section 52(2) and (3) of the CJA 2003, the court may vary or rescind a live link direction at any time, but only if this is in the interests of justice and only after the parties to the proceedings have been given the opportunity to make representations (including the relevant youth offending team in youth cases).
	New section 52(4) provides that, where the court varies a live link direction, other provisions in the CJA 2003 will apply. If another person is to be added to the direction, the test for and the effect of making the original direction apply. If the effect of the variation is such that a person can no longer take part in the proceedings, the test and conditions for rescinding a direction apply.
	New section 52(5) ensures that any decision to vary or rescind a live link direction is subject to the same considerations as a decision to give such a direction, namely any relevant guidance from the Lord Chief Justice and the circumstances of the case.
	New section 52(6) states that a live link direction may be given, varied or rescinded either by the court’s own motion or on application by a party to the proceedings but specifies that a party may only apply for a variation or rescinding of a live link order if there has been a material change of circumstances since the direction was originally made.
	New section 52(7) requires the court to state, in open court, its reasons for refusing any application from a party to give, vary or rescind a live link direction. It also requires magistrates’ courts to enter the reasons in the register of their proceedings.
	Under new section 52(8), any hearings taking place in relation to the giving, varying or rescinding of a live link direction can themselves involve a live link, either upon application to the court or by order of the court.
	New section52 (9) clarifies that requirements for the relevant youth offending team to have an opportunity to make representations before a live link direction is made only apply in cases where the defendant is a party to the proceedings and is either not yet 18 years old or is 18 years old but the court is dealing with the case as if they were still under 18.
	New section 52A makes further provision about the effect of live link directions made under section 51 of the CJA 2003. Under new section 52A(1) and (2), participation in eligible criminal proceedings through a live link as directed by the court will be treated as complying with any requirement to attend or appear before court, or to surrender to the custody of the court, and such persons will be treated as present in court for the proceedings.
	New section 52A(3) states that any eligible criminal proceedings occurring in accordance with a live link direction will be regarded as taking place at the court where at least one member of the court taking part in the proceedings is in a courtroom. If no member of the court, but one other participant, is taking part in proceedings in a courtroom, then that court is deemed to be the court where the proceedings take place. If nobody taking part in proceedings is doing so from a courtroom or if more than courtroom is involved, then the proceedings will be regarded as taking place wherever the court directs (which will be a place where the court can lawfully sit for the purposes of the proceedings).
	New section 52A(4) defines "courtroom" for the purposes of subsection (3), as any place where proceedings of the sort in question might ordinarily be held.
	New section 52A(5) clarifies that any statement made by a witness outside the United Kingdom through a live link is treated as having been made in the proceedings (just as it would were they to have made their statement whilst physically present in court).
	Paragraph 1(3) amends current section 53 of the CJA 2003 (magistrates’ courts permitted to sit at other locations) to accommodate any participation through live link, rather than only the giving of evidence. It inserts a new subsection (4) into section 53 which allows a single justice to give, vary or rescind live link directions, and to require or permit a person taking part in a hearing about the giving, varying or rescinding of a live link direction to participate in that hearing by live link.
	Paragraph 1(4) amends section 54 of the CJA 2003 (Warning to jury) to explicitly refer to the defendant as a person who may take part in proceedings by live link. Paragraph 1(5) amends section 55 of the CJA 2003 (Rules of court) in accordance with the expanded power to use live links and to enable the Criminal Procedure Rules to provide for contested live link applications to be determined without a hearing. (Uncontested live link applications can already be determined without a hearing.)
	Paragraph 1(6) amends section 56 (Interpretation of Part 8) in accordance with the expanded power to use live links, to define the key terms used in these provisions, including the different types of hearing to which they apply. This section defines "live audio link" and "live video link" and states these two matters shall be disregarded (i) the extent to which a person may be unable to see or hear proceedings by reason of impairment of eyesight or hearing, and (ii) the effect of any other direction or order which prevents a person from seeing another person taking part in proceedings.
	Paragraph 2 amends the Extradition Act 2003 to enable live links to be used in extradition proceedings.
	Paragraph 3 amends the Criminal Appeal Act 1968 in accordance with the expanded powers to use live links under sections 51 and 52 of the CJA 2003 in relation to appeals to the criminal division of the Court of Appeal. It also provides for a single judge of the Court of Appeal and the Registrar of Criminal Appeals to be able to exercise these powers.
	Paragraph 4 amends PACE to reflect the omission of Part 3A (live links in preliminary, sentencing and enforcement hearings) from the CDA 1998 (see paragraph 1203 above), which previously governed the use of live links for the purposes of this Act. Reference is now made to live link directions made under section 51 of the CJA 2003.
	The Criminal Justice Act 1998, the Youth Justice and Criminal Evidence Act 1999 and the Crime (International Co-operation) Act 2003 are also amended in accordance with the expanded powers to use live links.