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Section 57E: Use of live link in sentencing hearings

Crime and Disorder Act 1998 · 1998 c. 37View on legislation.gov.uk

This provision is omitted
It is retained for historical reference and may not reflect the law currently in force.

Part 3A: Live links for accused's attendance at certain preliminary , Sentencing and other hearings

OMITTED FROM CURRENT TEXT on 2022-06-28 by Police, Crime, Sentencing and Courts Act 2022.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

The court may, by a direction (a “live link direction”), require or permit a person to take part in a sentencing hearing through—

a live audio link, or
a live video link.

But the court may not give a direction for a person to take part in a sentencing hearing through a live audio link or a live video link unless—

the court is satisfied that it is in the interests of justice for the person concerned to take part in the sentencing hearing in accordance with the direction through the live audio link or through the live video link,
the parties to the sentencing hearing have been given the opportunity to make representations, and
the relevant youth offending team has been given the opportunity to make representations, if it is a case where—
the offender has not attained the age of 18 years, or
the offender has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.

A live link direction under this section—

may be given by the court of its own motion or on an application by a party; and
may be given in relation to all subsequent sentencing hearings before the court or to such hearing or hearings as may be specified or described in the direction.

The power to give a live link direction under this section includes power to give—

a direction for a judge or justice to take part in a sentencing hearing through a live audio link or a live video link;
a direction that is applicable to several, or all, of the persons participating in a particular sentencing hearing;
a direction that is applicable to a particular person in respect of only some aspects of a particular sentencing hearing (such as giving evidence or attending the hearing when not giving evidence);
a direction for a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in a sentencing hearing through a live audio link or a live video link.

The power of the court to give a direction under this section is subject to Schedule 3A (prohibitions and limitations on use of live links).

The court may vary a live link direction under this section; and the provisions of this section and Schedule 3A that apply to the giving of such a direction also apply to the variation of such a direction.

A live link direction under this section may not be rescinded unless—

the court is satisfied that it is in the interests of justice for the direction to be rescinded,
the parties to the sentencing hearing have been given the opportunity to make representations, and
the relevant youth offending team has been given the opportunity to make representations, if it is a case where—
the offender has not attained the age of 18 years, or
the offender has attained the age of 18 years since proceedings for the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.

A live link direction under this section may be varied or rescinded by the court of its own motion or on an application by a party; but such an application may not be made unless there has been a material change of circumstances since the direction was given.

If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person to take part in that hearing through—

a live audio link, or
a live video link.

In deciding whether to give or rescind a direction under this section the court must consider all the circumstances of the case.

Those circumstances include in particular—

in the case of a direction relating to a witness—
the importance of the witness's evidence to the hearing;
whether a direction might tend to inhibit any party from effectively testing the witness's evidence;
in the case of a direction relating to any participant in the hearing—
the availability of the person;
the need for the person to attend in person;
the views of the person;
the suitability of the facilities at the place where the person would take part in the hearing in accordance with the direction;
whether the person will be able to take part in the hearing effectively if he or she takes part in accordance with the direction.

The court must—

state in open court its reasons for refusing an application for, or for the rescission of, a live link direction under this section; and
if it is a magistrates' court, cause those reasons to be entered in the register of its proceedings.

The following functions of a magistrates' court under this section may be discharged by a single justice—

giving a live link direction under this section;
rescinding a live link direction before a sentencing hearing begins; and
requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.