Section 48 and Schedule 18: Powers to act for the protection of public health: Northern Ireland Section 53 and Schedule 23: Expansion of availability of live links in criminal proceedings
This Schedule amends the Criminal Justice Act 2003 (the "CJA 2003") in order to extend the circumstances in which a criminal court can use audio and live links during hearings.
	It expands the courts’ powers to use technology across a wider range of hearings, and participants. The court may direct that a person (but not a jury member) take part in eligible criminal proceedings through the use of a live audio link or a live video link. The court must be satisfied that a live link direction is in the interests of justice before making one. By way of an additional safeguard, it also provides for the parties, and the relevant youth offending team in youth cases, to be given the opportunity to make representations to the court before the court determines whether to make a live link direction.
	The amendments made by paragraph 2(5) of the Schedule provide that the court may direct the use of live link to multiple, or all, persons participating in particular proceedings, and may also give a direction which only applies to certain aspects of the proceedings, for example the giving of evidence. A person directed to give evidence in proceedings by live link must only give evidence in accordance with the direction. Persons outside of England and Wales may participate through a live link if the court so directs. These powers are subject to the restrictions set out in new Schedule 3A to the CJA 2003.
	The court may rescind a live link direction at any time, but only if this is in the interests of justice, and only after having considered representations from the parties or relevant youth offending team in youth cases.
	The Schedule amends section 53 of the CJA 2003 (magistrates’ courts permitted to sit at other locations) to accommodate any participation through live link, rather than just the giving of evidence.
	Participation in eligible criminal proceedings through a live audio or video 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 purposes of the proceedings.
	The Schedule also amends section 54 of the CJA 2003 (warning to jury) in accordance with the expanded power to use live links and 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 as well as uncontested live link applications to be determined without a hearing. Paragraph 8 of the Schedule creates a new Schedule 3A to the CJA 2003, which introduces additional prohibitions and limitations on use of live links in certain circumstances.
	Part 2 of the Schedule amends the Criminal Appeal Act 1968 in accordance with the expanded powers to use live links under section 51 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.
	The territorial extent and application of this section and Schedule is England and Wales only.