Criminal Practice Directions 2015 Amendment No. 3

Where lawful and in the interests of justice, criminal courts should use live-link and telephone facilities to manage cases actively. Facilities must be suitable for their purpose, reliable and sufficiently clear for all participants. The required level of security depends on whether the hearing is public or private.

A link should not be used where it prevents a defendant’s effective participation. Pre-trial hearings may be conducted remotely, including as virtual hearings, if open justice is maintained. Different statutory limits apply to defendants in custody at contested trials. Youth defendants will usually attend in person. Remote participation remains subject to courtroom standards of conduct, public scrutiny and ordinary recording requirements.

This document is the third amendment to Criminal Practice Directions 2015 [2015] EWCA 1567. It took effect on 31 January 2017.

It inserted section I 3N and an operational annex concerning the use of live links and telephone facilities in criminal proceedings. The directions address pre-trial case management, defendants and witnesses, youth defendants, sentencing, virtual hearings, conduct, open justice and practical arrangements for remote participation.

1. Direction issued. The Court issued a new section I 3N of the Criminal Practice Directions. It directs courts to use live-link and telephone facilities where their use is lawful and in the interests of justice.
2. Pre-trial hearings. Active case management ordinarily requires directions for their use at the pre-trial hearings identified by the Criminal Procedure Rules. A live-link direction continues after an adjournment or postponement unless the court discharges it under the relevant statutory criteria. Parties must promptly identify reasons why a link should not be used or why an existing direction should be varied.
3. Appropriateness and participation. Facilities must be fitting and suitable in their ordinary sense. They must work when required, allow clear communication and avoid material distraction. Security requirements depend on whether the hearing is public or private. A link should not be required where it cannot secure the defendant’s effective participation, including because of disability, communication needs or inadequate interpretation. The court must also consider whether a pre-trial hearing can properly proceed in the defendant’s absence.
4. Remote courts and defendants. A pre-trial hearing may be conducted with the judicial member or members and other participants at different locations, provided the public can witness it. The Crime and Disorder Act 1998 permits specified plea and sentencing uses for defendants in custody, but does not permit a defendant in custody to attend a contested trial by live link. A defendant observing by link is legally absent; a defendant who has refused to attend or absconded must not be allowed to observe in that way.
5. Safeguards. Youth defendants should usually attend in person and will only exceptionally be sentenced by link. Remote participants are subject to the court’s jurisdiction over courtroom behaviour. Open justice and normal records, including Crown Court recording, must be preserved.

not stated in the judgment.