Police and Justice Bill

My Lords, I thank the noble Baroness, Lady Anelay, and the noble Lord, Lord Dholakia, for the helpful way in which they have spoken to their amendments, because I think that we are all in agreement that there could be a bounty for both victim and defendant by doing this in a quick and effective way if it were to everyone’s benefit. I should emphasise at the outset that we do not, at first blush, think that Amendment No. 140 is necessary, but there may be a way in which we can deal with the issue. I emphasise that the court cannot give a live link direction without giving the parties an opportunity to make representations. The defendant’s consent is already required, as the noble Baroness highlighted in her remarks, before he can be sentenced over a link, and the case can reach the point of conviction only if the defendant is willing to plead guilty. Of course, he is under no obligation to do so. It follows that, although a defendant in police custody could be required to make his appearance over a link, the most that could then happen without his consent is that the court would determine his remand status. That is what would happen to any detained defendant who was charged early enough in the day to make a physical appearance in court the same day. As the noble Baroness indicated, it could be to the defendant’s advantage if the court decided to grant him bail and he was set free. It is likely, therefore, that many defendants will wish to appear by live link. I agree with the noble Baroness about that. However, the Government are content to look at the issue of consent in Clause 49 again. We would at the same time like to consider whether it would be possible, taking the noble Baroness’s logic a little further, and subject to similar consent requirements, to extend the facility to appear over a link from a police station to defendants who would be bailed as well as those who are detained. It seems unfair almost that, if the prosecution is sufficiently worried about you not to give you bail straightaway, you get an opportunity to be disposed of through live link but if you are not sufficiently worrisome to be detained, you do not get that advantage, regardless of whether you would like it. Perhaps we could look together at how we resolve that quandary when we come back to Clause 49. That would mean that a defendant who wished to appear promptly, but who under Clause 49 would be denied the use of the live link because he qualified for police bail, could also do so. I am very much obliged to the noble Baroness for tabling her amendment. If she thinks that what we have discussed is sensible, I invite her to withdraw the amendment; we could have a discussion and come back with a consensual amendment to deal with Clause 49 for those who have and those who have not been granted bail—and I suggest it only at this stage—subject to their consent being given in both circumstances. I am certainly happy to look at that possibility before Third Reading.