Policing and Crime Bill

This deals with live links in criminal proceedings. Live links can be very useful, but they have their limitations. The main limitation is quite practical: there are not enough live-link studios in courts or prisons to enable there to be suitable conference facilities for lawyers representing an accused person. Although it may be efficient for a prisoner not to be brought to court, it causes considerable difficulties. I have no objection to live links being used on the renewal of applications to hold a person in custody or matters of that sort, but for someone who has been subjected to a request for extradition and arrested under a European arrest warrant or by reasonable warrant from another country such as a part 2 country, it is important for there to be proper opportunities for their lawyers to consult them and for the court to have before it the body of the person who has been arrested. We suggest that at an initial hearing there should be no live links, and nor should there be at the actual extradition hearing or appeal—except with the consent of the person concerned. Quite recently, I represented somebody from Belgium who was held in one of Her Majesty's prisons in London. He did not come to court for the whole of the proceedings—not even to plead or be sentenced—because he was suffering from sciatica. Those who have suffered from sciatica will know that you would not wish to be carried in a prison van across London under any circumstances. Accordingly, he consented to the use of a live link. The difficulties that I have expressed to your Lordships were then apparent to me but, nevertheless, because the client consented, that was sufficient. But what is proposed here is that the initial hearing and the extradition hearing could be held without the consent of the person concerned. That is going too far. One of the purposes of a judicial hearing should be to monitor the manner in which the detained person is being held to see if there are any complaints. Another difficulty arises with translation. If the person who has been arrested cannot speak English, it is extremely difficult to communicate over a live link with an interpreter present. It is quite different when the interpreter is present with the particular person in court. Any difficulties can then be ironed out, but with a live link it is very difficult indeed. In fairness to those who are simply unconvicted and arrested under these provisions—they are not to be regarded as criminals—I suggest that live links without their consent is a step too far. I beg to move.