Police and Justice Bill

moved Amendments Nos. 36 to 51: Page 36, leave out line 34. Page 36, leave out line 37. Page 36, leave out from beginning of line 39 to end of line 4 on page 37 and insert- ““““custody””- (a) includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969; but (b) does not include police detention;”” Page 37, leave out lines 10 to 13. Page 37, line 13 at end insert- ““““police detention”” has the meaning given by section 118(2) of the Police and Criminal Evidence Act 1984;”” Page 37, line 31, at end insert ““where accused is in custody”” Page 37, leave out lines 32 to 37 and insert- ““(1) This section applies in relation to a preliminary hearing in a magistrates' court or the Crown Court. (2) Where it appears to the court before which the preliminary hearing is to take place that the accused is likely to be held in custody during the hearing, the court may give a live link direction under this section in relation to the attendance of the accused at the hearing. (2A) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.”” Page 37, line 43, at end insert- ““( ) If in a case where it has power to do so a magistrates' court decides not to give a live link direction under this section, it must- (a) state in open court its reasons for not doing so; and (b) cause those reasons to be entered in the register of its proceedings.”” Page 37, line 43, at end insert- ““57BA USE OF LIVE LINK AT PRELIMINARY HEARINGS WHERE ACCUSED IS AT POLICE STATION (1) This section applies in relation to a preliminary hearing in a magistrates' court. (2) Where subsection (3) or (4) applies to the accused, the court may give a live link direction in relation to his attendance at the preliminary hearing. (3) This subsection applies to the accused if- (a) he is in police detention at a police station in connection with the offence; and (b) it appears to the court that he is likely to remain at that station in police detention until the beginning of the preliminary hearing. (4) This subsection applies to the accused if he is at a police station in answer to live link bail in connection with the offence. (5) A live link direction under this section is a direction requiring the accused to attend the preliminary hearing through a live link from the police station. (6) But a direction given in relation to an accused to whom subsection (3) applies has no effect if he does not remain in police detention at the police station until the beginning of the preliminary hearing. (7) A live link direction under this section may not be given unless the accused has given his consent to the court. (8) A magistrates' court may rescind a live link direction under this section at any time before or during a hearing to which it relates. (9) A magistrates' court may require or permit- (a) the accused to give or withhold consent under subsection (7) through a live link; and (b) any party to the proceedings who wishes to make representations in relation to the giving or rescission of a live link direction under this section to do so through a live link. (10) Where a live link direction under this section is made in relation to an accused person who is answering to live link bail he is to be treated as having surrendered to the custody of the court (as from the time when the direction is made). (11) In this section, ““live link bail”” means bail granted under Part 4 of the Police and Criminal Evidence Act 1984 subject to the duty mentioned in section 47(3)(b) of that Act.”” Page 37, line 44, at beginning insert- ““57BB CONTINUED USE OF LIVE LINK FOR SENTENCING HEARING FOLLOWING A PRELIMINARY HEARING””. Page 37, line 45, leave out ““this section”” and insert ““section 57B or 57BA”” Page 38, leave out lines 19 to 23. Page 38, line 29, at end insert- ““(2A) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.”” Page 38, line 30, leave out ““The”” and insert ““Such a”” Page 38, line 36, leave out second ““the”” and insert ““such a”” Page 38, line 40, leave out second ““the”” and insert ““such a”” On Question, amendments agreed to.