Coroners and Justice Bill

My Lords, the current use of live links—these are being piloted as we speak—is inconsistent. Defendants who are already in prison cannot veto the use of live links when they appear at a preliminary hearing, but if they plead guilty during the hearing they can be sentenced over the live link only with their consent. Separate consent is required if such defendants are to give oral evidence at the 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. He must also give separate consent if he is to give oral evidence at this hearing. The defendant’s consent is also required for the use of a live link for virtual court hearings where the defendant is at the police station, either having been detained there or having returned to answer what is described as live-link bail. These police-station-to-court live links are a new initiative and are being piloted at present. After lengthy consideration, we have come to the conclusion that there is no justification for requiring consent for the use of a live link for certain sorts of hearing while not requiring it for others. A live link hearing ought to be treated much like any other hearing. This House is well aware of the need for increased efficiency in the criminal justice system. The increased use of live links, for which this clause provides, 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 come under the same rules and guidelines that apply to all preliminary and sentencing hearings, and the defendant will have access to all existing legal safeguards. In addition, the clause adds a safeguard whereby, when any consent requirement is removed, the court cannot give a live-link direction unless it is satisfied that it is not contrary to the interests of justice to give the direction. Of course, a court can rescind a live-link direction at any time. In practice, this will mean that a court will be able to consider a defendant’s views on the use of a live link, or any particular needs that he may have that render the use of a live link unsuitable. These changes have the potential to increase the speed, efficiency and effectiveness of the criminal justice system without affecting the quality of justice. This will deliver: first, a better deal for victims and witnesses, as cases will be resolved more quickly; secondly, a better deal for the taxpayer, as police and court resources, which are very precious, will be used more efficiently; and, thirdly, a better deal for the defendant, as their case will be progressed more quickly. In turn, this will, we hope, support public confidence in the effectiveness of our criminal justice system. On that basis, I invite the noble Lord to withdraw his amendment.