Criminal Justice Act 2003, section 51

Directions for live links in criminal proceedings

Part 8 Live links

(1)The court may, by a direction, require or permit a person to take part in eligible criminal proceedings through—

(a)a live audio link, or

(b)a live video link.

(2)A direction under this section may be given in relation to a member of a jury only if the direction requires all members of the jury to take part through a live video link while present at the same place.

(3) In this Part “eligible criminal proceedings” means—

(a)a preliminary hearing (see section 56(1)),

(b)a summary trial,

(c)a criminal appeal to the Crown Court and any proceedings that are preliminary or incidental to such an appeal,

(d)a trial on indictment or any other trial in the Crown Court for an offence,

(e)proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964,

(f)proceedings under Part 3 of the Mental Health Act 1983,

(g)proceedings under—

(i)section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, or

(ii)section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates’ court on adjourning a case under that section of the 2000 Act,

(h)an appeal to the criminal division of the Court of Appeal and any proceedings that are preliminary or incidental to such an appeal,

(i)a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference,

(j)the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 and any proceedings that are preliminary or incidental to such a hearing,

(k)a hearing before a magistrates’ court or the Crown Court which is held after the defendant has entered a plea of guilty,

(l)a hearing under section 142(1) or (2) of the Magistrates’ Courts Act 1980,

(m)a hearing before the Court of Appeal under section 80 of this Act and any proceedings that are preliminary or incidental to such a hearing,

(n)any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted,

(o)a sentencing hearing (see section 56(1)), or

(p)an enforcement hearing (see section 56(1)).

(4)The court may not give a direction under this section unless—

(a)the court is satisfied that it is in the interests of justice for the person to whom the direction relates to take part in the proceedings in accordance with the direction through the live audio link or live video link,

(b)the parties to the proceedings have been given the opportunity to make representations, and

(c)if so required by section 52(9), the relevant youth offending team has been given the opportunity to make representations.

(5)In deciding whether to give a direction under this section, the court must consider—

(a)any guidance given by the Lord Chief Justice, and

(b)all the circumstances of the case.

(6)Those circumstances include in particular—

(a)the availability of the person to whom the direction would relate,

(b)any need for that person to attend in person,

(c)the views of that person,

(d)the suitability of the facilities at the place where that person would take part in the proceedings in accordance with the direction,

(e)whether that person would be able to take part in the proceedings effectively if the person took part in accordance with the direction,

(f)in the case of a direction relating to a witness—

(i)the importance of the witness’s evidence to the proceedings, and

(ii)whether the direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence, and

(g)the arrangements that would or could be put in place for members of the public to see or hear the proceedings as conducted in accordance with the direction.F82]

Definitions used in section 51 11

the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act
eligible criminal proceedings

“eligible criminal proceedings” has the meaning given in section 51 (3) ,

Defined in s.56(1) · see it in the full Act
live audio link

“live audio link”, in relation to a person (P) taking part in proceedings, means a live telephone link or other arrangement which—

(a)

enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and

(b)

enables all other persons taking part in the proceedings who are not in the same location as P to hear P,

Defined in s.56(1) · see it in the full Act
live video link

“live video link”, in relation to a person (P) taking part in proceedings, means a live television link or other arrangement which—

(a)

enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and

(b)

enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P,

Defined in s.56(1) · see it in the full Act
preliminary hearing

“preliminary hearing” means a hearing in proceedings for an offence held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the Prosecution of Offences Act 1985 ), including, in the case of proceedings in the Crown Court, a preparatory hearing held under—

(a)

section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud), or

(b)

section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases),

Defined in s.56(1) · see it in the full Act
defendant

“defendant” includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned,

Defined in s.56(1) · see it in the full Act
bail

“bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ,

Defined in s.56(1) · see it in the full Act
sentencing hearing

“sentencing hearing” means any hearing following conviction for an offence which is held for the purpose of—

(a)

proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing,

(b)

sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), or

(c)

determining—

(i)

how the offender has complied with a sentence given in respect of the offence, or

(ii)

how the offender should be dealt with in respect of compliance with such a sentence,

and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence,

Defined in s.56(1) · see it in the full Act
enforcement hearing

“enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—

(a)

a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, or

(b)

a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable),

Defined in s.56(1) · see it in the full Act
relevant youth offending team

“relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998 ) whose functions are exercisable in relation to the defendant concerned,

Defined in s.56(1) · see it in the full Act
witness

“witness”, in relation to any criminal proceedings, means a person called, or proposed to be called, to give evidence in the proceedings.

Defined in s.56(1) · see it in the full Act

Cases considering section 51 8

R v Frederic Priestley

[2026] EWCA Crim 1284 · 8 October 2026Interprets

The court explained the framework governing live-link directions and stressed compliance with its safeguards when a judge participates remotely in sentencing. A direction may be initiated by the court, but the parties must have an opportunity to make representations. (see paras [7]; [8]; [13]) The power to direct live-link participation extends to the judge. Where advance representations are impracticable, an initial direction may enable submissions before deciding whether sentencing should continue remotely. The direction requires a reasoned ruling and a transparent record. (see paras [9]; [14]; [15]) The repealed subsection clarified that a judge could be the subject of a live-link direction. Its repeal did not remove the power, which derives from section 51(1). (see para [9]) A live-link direction requires satisfaction that remote participation serves the interests of justice and an opportunity for party representations. Counsel should receive the proposed arrangement and its reasons so that the opportunity is meaningful. (see paras [7]; [13]; [14]) The court identified the requirement to consider the Lord Chief Justice’s guidance and all the circumstances. It drew on the guidance to emphasise the interests of justice and recommend advance consultation concerning remote judicial attendance at sentencing. (see paras [7]; [10]; [13]) A ruling authorising remote judicial attendance should indicate consideration of the statutory circumstances, including availability, need for personal attendance, views, facilities and effective participation. Effective participation and alternatives to remote sentencing require particular attention. (see paras [7]; [15])

Kevin Kelenda v R

[2026] EWCA Crim 1002 · 31 July 2026Interprets

The court applied section 51 to the direction requiring attendance by live video link. It treated the interests of justice, effective participation, the applicable guidance and all the circumstances as central to the decision. (see paras [44]; [45]; [61]) The court applied section 51(4)’s conditions that a live-link direction be in the interests of justice and that the parties have an opportunity to make representations. Both conditions were satisfied. (see paras [44]; [45]; [61]) Section 51(5) required consideration of Lord Chief Justice guidance and all the circumstances. The court applied those requirements when reviewing the security arrangements and live-link order. (see paras [45]; [46]; [61]) The court took the Lord Chief Justice’s guidance into account, including guidance on managing high-risk prisoners and possible security measures. (see paras [31]; [36]; [61]) The court treated the circumstances listed in section 51(6) as informing the assessment, particularly the defendant’s need for effective participation and the practicability of personal attendance. (see paras [44]; [45]; [61]) The court found effective participation despite remote attendance because the applicant could see and hear the proceedings, be seen by the jury, give evidence, and receive assistance from counsel and an intermediary without technical or comprehension difficulties. (see paras [62]; [63])

R v Fawaz Miah

[2025] EWCA Crim 1569 · 13 November 2025Interprets

The court interpreted section 51 as empowering a direction permitting a defendant to give evidence by live audio or video link in eligible criminal proceedings, subject to the statutory conditions. (see paras [37]-[44]; [53]) Section 51(1) was interpreted as applying to a person and permitting a defendant to give evidence through a live audio or video link. (see paras [29]; [37]; [53]) Cited only. Cited only. Section 51(4) was applied as requiring the interests of justice and an opportunity for the parties to make representations before a live-link direction was made. (see paras [37]; [44]; [53]) The interests-of-justice condition was applied by considering the nature of the confiscation hearing, the issues, delay and the appellant’s ability to give evidence effectively. (see paras [44]-[47]) The representations requirement was applied: counsel had an opportunity to explain why the appellant should give evidence in person rather than by live link. (see paras [46]; [53]) The court applied the duty to consider relevant Lord Chief Justice guidance and all the circumstances, while confirming that the guidance could not narrow Parliament’s statutory power. (see paras [37]; [41]; [44]) Section 51(6) was applied by considering the statutory circumstances relevant to live-link participation, together with the nature of the hearing and the form of participation. (see paras [44]-[47]) Availability was considered in light of the appellant not being produced from prison but being available to participate by live link, with delay being relevant. (see para [46]) The need for personal attendance was considered against the fact that the hearing was before a judge and the appellant could give evidence effectively by link. (see paras [45]-[46]) The suitability of the facilities and the ability to show videos and still images were considered, with provision for review if difficulties arose. (see para [46]) Effective participation was satisfied because the appellant could adopt his statement, answer questions, view the images and explain his position. (see para [47])

What each judgment says about section 51 is in the case-law panel in the full Act.

Explanatory note

265.This section enables a court to authorise witnesses, other than the defendant, to give evidence through a live link in certain criminal proceedings. “Live link” is defined in section 56(2) and will usually mean a closed circuit television link, but could apply to any technology with the same effect such as video conferencing facilities or the internet.

266.Subsections (4)(a) and (4)(b) provide that a court may only authorise the use of a live link if:

  • it is in the interests of the efficient or effective administration of justice for the witness to give evidence by way of a live link (for example, a witness may be able to give evidence from his place of work in a different part of the United Kingdom rather than have to travel to court); and

  • the court has been notified by the Secretary of State that suitable facilities are available in the area where the proceedings are to take place: this will allow for phased implementation of the facilities required for live links. The responsibility for ensuring that there are facilities in the remote location from which the witness intends to give evidence falls to the parties and is therefore not covered by this section.

267.Subsection (6) directs the court to consider all the circumstances of the case when deciding whether to authorise the use of a live link and subsection (7) points out some of the most important considerations the court must take into account.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F82S. 51 substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 200(1), 208(5)(y)