Coroners and Justice Bill

At present, consent is required for the use of a live link for certain sorts of hearing, while it is not required for others. It is difficult to justify this inconsistency. A live link hearing ought to be treated much like any other hearing. Everyone is aware of the need for increased efficiency in the justice system. We believe that the increased use of live links that this clause provides for will enable cases to be progressed more quickly and ensure the best use of available resources and technology. Crucially, the quality of justice will not be affected by these changes: live link hearings will take place under the same rules and guidelines as usual, and the defendant will have access to all existing legal safeguards. Live links now have a history. They were first introduced in the Crime and Disorder Act 1998 and were subsequently amended in the Police and Justice Act 2006, which also extended live links to cover certain sentencing hearings. The current situation, as I say, is inconsistent in that defendants already in prison cannot veto the use of live links for their preliminary hearings, but they can veto the continued use of a live link for sentencing if they plead guilty during the preliminary hearing. Such defendants must give separate consent if they are to give oral evidence at this sentencing hearing. The defendant’s consent is also necessary where he has been convicted and is to be sentenced at a live link hearing from prison called for this purpose. Again he must also give separate consent if he is to give oral evidence at that hearing. In virtual court hearings where the defendant is at the police station, either having been detained there or having returned there to answer what is described as "live link bail", the defendant’s consent to the live link is required. These police station-to-court live links are a new initiative—indeed, an oral Question about them was asked in the House just a couple of weeks ago—and are being operated, as noble Lords may know, as a pilot in four London police stations. As of 3 July, 23 cases have been heard that way. There has been an average of four hours between charge and first hearing, and approximately 75 per cent of cases heard so far have resulted in a guilty plea and sentence, meaning that the cases have been concluded on the day of charge, demonstrating the potential of virtual courts to speed up justice for all those involved. That, of course, includes defendants too. The clause will remove the requirement for defendants’ consent to live links in the following situations: first, preliminary hearings where the defendant is at a police station—virtual courts—and hearings to sentence the defendant where he has pleaded guilty during that virtual court hearing; secondly, hearings to sentence the defendant where the defendant is in prison and has pleaded guilty during the preceding live link preliminary hearing; and, thirdly, hearings arranged for the purpose of sentencing a defendant already in custody. In those last two situations the clause also abolishes the requirement that a defendant must give separate consent if he is to give oral evidence during these types of hearings. The safeguard in the clause adds a requirement that a live link direction is not to be given in any of these circumstances unless the court is satisfied that it is not contrary to the interests of justice to give the live link direction, and, importantly, a court can rescind a live link direction at any time for the same reason. In practice, this will mean that a court will take into account a defendant’s view on the use of a live link, or any particular needs he may have that renders the use of a live link unsuitable. It hardly needs saying that these changes have enormous potential to increase the speed, efficiency and effectiveness of our criminal justice system without affecting the quality of justice. This will, we hope, deliver a better deal for victims and witnesses as cases will be resolved more quickly; a better deal for the taxpayer, as precious resources will be used more efficiently; and a better deal for the defendant himself or herself, as their case will be progressed more quickly. The noble Lord asked how a court will satisfy itself that it is not contrary to the interests of justice to give a live link direction. My reply is that the court will take into account the wishes of the defendant. So while it may not be enough for him merely not to consent, he will be asked his wishes regarding live link and, of course, about any particular needs that the defendant might have that might render the use of a live link unsuitable. As I say, the court can rescind any live link direction at any time in the proceedings. So where it is or becomes inappropriate to have a live link direction, the case can be sent for a regular court hearing in the usual manner. I should add that no trials can take place under a live link; they have to take place in court itself. I should also add that the defendant has the chance through the live link of seeing the Crown prosecutor, the tribunal and all other interested parties There has been concern about defence representatives. Where the defence representative is at the magistrates’ court, that lawyer will be able to communicate privately with the defendant using the video link in advance of the hearing. For such discussions the defendant will use a live link from a private interview room in the police station through which he will be able to see and hear his lawyer at the magistrates’ court. The defendant will be alone for the duration of such discussions, thus preserving confidentiality. We are moving forward with this scheme because so far it seems as though it has worked well. Of course we are watching it with extreme care. If there are any signs that it is not working well, we will look carefully to see what we should do about it. The safeguard for the defendant is that the tribunal has the right to say no to such a link. It also has the right to stop any link taking place if it is felt to be unjust. We therefore ask that Clause 93 stand part of the Bill.