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Change 1
As published
52 Further provision about the effect of live-link directions
(1) The power conferred by section 51 includes power to give—
(a) a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings;
(b) a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence);
(c) a direction requiring or permitting a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link.
(2) The court may vary or rescind a direction under section 51 at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court’s power to give a further direction under that section in relation to the proceedings).
(3) A direction under section 51 may not be rescinded unless—
(a) the court is satisfied that it is in the interests of justice for the direction to be rescinded,
(b) the parties to the proceedings have been given the opportunity to make representations, and
(c) if so required by subsection (9), the relevant youth offending team has been given the opportunity to make representations.
(4) In relation to the variation of a direction given under section 51—
(a) so far as the effect of the variation would be to allow a person to take part in eligible criminal proceedings through a live audio link or a live video link, or to alter (without removing) a person’s ability to do so, sections 51(4) and 53(1) to (3) apply as they apply to the giving of a direction;
(b) so far as the effect of the variation would be to remove a person’s ability to take part in eligible criminal proceedings through a live audio link or a live video link, subsection (3) applies as it applies to the rescission of a direction.
(5) Section 51(5) and (6) applies in relation to the variation or rescission of a direction given under section 51 as it applies to the giving of a direction under that section.
(6) A direction under section 51 may be given, varied or rescinded—
(a) on an application by a party to the proceedings, or
(b) of the court’s own motion.
But a party may not apply for a variation or rescission unless there has been a material change of circumstances since the direction was given or last varied.
(7) The court must state in open court its reasons for refusing an application for the giving, variation or rescission of a direction under section 51 and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings.
(8) If a hearing takes place in relation to the giving, variation or rescission of a direction under section 51, the court may require or permit a person to take part in that hearing through—
(a) a live audio link, or
(b) a live video link.
(9) The requirement referred to in section 51(4)(c) and subsection (3)(c) arises in a case where—
(a) the defendant is a party to the proceedings, and
(b) either—
(i) the defendant has not attained the age of 18 years, or
(ii) the defendant has attained the age of 18 years but the court is dealing with the case as if the defendant had not attained that age.
Your change, as a redline
52 Further provision about the effect of live-link directions
(1) The power conferred by section 51 includes power to give—
(a) a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings;
(b) a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence);
(c) a direction requiring or permitting a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link.
(2) The court may vary or rescind a direction under section 51 at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court’s power to give a further direction under that section in relation to the proceedings).
(3) A direction under section 51 may not be rescinded unless—
(a) the court is satisfied that it is in the interests of justice for the direction to be rescinded,
(b) the parties to the proceedings have been given the opportunity to make representations, and
(c) if so required by subsection (9), the relevant youth offending team has been given the opportunity to make representations.
(4) In relation to the variation of a direction given under section 51—
(a) so far as the effect of the variation would be to allow a person to take part in eligible criminal proceedings through a live audio link or a live video link, or to alter (without removing) a person’s ability to do so, sections 51(4) and 53(1) to (3) apply as they apply to the giving of a direction;
(b) so far as the effect of the variation would be to remove a person’s ability to take part in eligible criminal proceedings through a live audio link or a live video link, subsection (3) applies as it applies to the rescission of a direction.
(5) Section 51(5) and (6) applies in relation to the variation or rescission of a direction given under section 51 as it applies to the giving of a direction under that section.
(6) A direction under section 51 may be given, varied or rescinded—
(a) on an application by a party to the proceedings, or
(b) of the court’s own motion.
But a party may not apply for a variation or rescission unless there has been a material change of circumstances since the direction was given or last varied.
(7) The court must state in open court its reasons for refusing an application for the giving, variation or rescission of a direction under section 51 and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings.
(8) If a hearing takes place in relation to the giving, variation or rescission of a direction under section 51, the court may require or permit a person to take part in that hearing through—
(a) a live audio link, or
(b) a live video link.
(9) The requirement referred to in section 51(4)(c) and subsection (3)(c) arises in a case where—
(a) the defendant is a party to the proceedings, and
(b) either—
(i) the defendant has not attained the age of 18 years, or
(ii) the defendant has attained the age of 18 years but the court is dealing with the case as if the defendant had not attained that age.
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