CDS News

Virtual courts - removal of consent

08 December 2009

Requirement for defendant consent to participate in a live link hearing removed

Virtual Courts are currently being piloted in central and south-east London, and north Kent.

They allow a defendant charged in a police custody suite to appear in a magistrates' court for a first hearing by means of a video link while physically located in the police station.

The pilots will run until the end of May 2010 and will be evaluated to assess their impact.

The legislative framework for Virtual Court hearings can be found in ss.57C - 57D of the Crime and Disorder Act 1998 (as amended).

The Coroners and Justice Act 2009 amends the 1998 Act to remove the requirement for defendant consent to participate in a live link hearing, and inserts a new interests of justice test requiring the court to be satisfied that it is not contrary to the interests of justice for the hearing to take place by live link.

These provisions will be brought into force on 14 December 2009.

For more information

Further information, including a guide to Virtual Courts for defence advocates, can be found on the Office for Criminal Justice Reform website.

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Last updated: 09 December 2009

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