sec.110CUse of video link facilities in proceedings

### sec.110C Use of video link facilities in proceedings This section applies to a proceeding if— a detainee is entitled or required to be present before the District Court for the proceeding; and the proceeding is— about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or an appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and the proceeding is not a proceeding for the sentencing of the detainee; and See the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding. video link facilities are available linking the correctional institution where the detainee is in custody and the court. A proceeding for the detainee’s bail or remand or an appeal proceeding must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders. In a proceeding, other than a proceeding for the detainee’s bail or remand or an appeal proceeding, the court may order the proceeding be conducted using video link facilities only if all parties consent. The video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee’s representative, at the correctional institution. s 110C ins 1996 No. 4 s 7 amd 1997 No. 38 s 46 ; 2002 No. 34 s 10 sch 1 ; 2013 No. 64 s 55 (sec.110C-ssec.1) This section applies to a proceeding if— a detainee is entitled or required to be present before the District Court for the proceeding; and the proceeding is— about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or an appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and the proceeding is not a proceeding for the sentencing of the detainee; and See the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding. video link facilities are available linking the correctional institution where the detainee is in custody and the court. (sec.110C-ssec.2) A proceeding for the detainee’s bail or remand or an appeal proceeding must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders. (sec.110C-ssec.3) In a proceeding, other than a proceeding for the detainee’s bail or remand or an appeal proceeding, the court may order the proceeding be conducted using video link facilities only if all parties consent. (sec.110C-ssec.4) The video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee’s representative, at the correctional institution. - (a) a detainee is entitled or required to be present before the District Court for the proceeding; and - (b) the proceeding is— (i) about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or (ii) an appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and - (i) about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or - (ii) an appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and - (c) the proceeding is not a proceeding for the sentencing of the detainee; and Note— See the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding. - (d) video link facilities are available linking the correctional institution where the detainee is in custody and the court. - (i) about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or - (ii) an appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and