In any proceedings for an offence, a court may, after hearing representations from the parties, direct that the accused shall be treated as being present in the court for any particular hearing before the start of the trial if, during that hearing—
he is held in custody in a prison or other institution; and
whether by means of a live television link or otherwise, he is able to see and hear the court and to be seen and heard by it.
A court shall not give a direction under subsection (1) above unless—
it has been notified by the Secretary of State that facilities are available for enabling persons held in custody in the institution in which the accused is or is to be so held to see and hear the court and to be seen and heard by it; and
the notice has not been withdrawn.
If in a case where it has power to do so a magistrates' court decides not to give a direction under subsection (1) above, it shall give its reasons for not doing so.
In this section “the start of the trial” has the meaning given by subsection (11A) or (11B) of section 22 of the 1985 Act.