Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020
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Certain hearings may be conducted through live television link | ||
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22. (1) This section applies where— | ||
(a) an application is proposed to be made under section 18 (2)(a)(ii), 19 (1)(a)(ii) or 20 (1) (in this section referred to as the “proposed application”) to the court, and | ||
(b) the supervised person to whom the proposed application relates is in the executing State (in this section referred to as the “relevant executing State”). | ||
(2) An application may be made by or on behalf of the supervised person, or by the prosecutor, to a judge of the court at a sitting of the court to issue a notice (in this section referred to as a “notice of request”) requesting the provision of facilities in the relevant executing State to enable the supervised person to appear, through a live television link, at the hearing that will arise from the proposed application when it is made (in this section referred to as the “relevant hearing”) to the court. | ||
(3) The judge hearing the application under subsection (2) may grant the application if he or she is satisfied that— | ||
(a) it would not be prejudicial to the supervised person to not appear in person at the relevant hearing, and | ||
(b) the interests of justice do not require the supervised person to appear in person at the hearing. | ||
(4) The notice of request shall state— | ||
(a) the name, address and, if known, the nationality of the supervised person, | ||
(b) the court which will hear the proposed application when it is made, | ||
(c) subject to subsection (6), the name of the judge who will conduct the relevant hearing, and | ||
(d) the likely date on which the relevant hearing will be held. | ||
(5) The notice of request shall be sent to the Central Authority for transmission to the competent authority in the relevant executing State. | ||
(6) If the name of the judge referred to in subsection (4)(c) is not available at the time the notice of request is issued, it shall, as soon as it becomes available, be sent to the Central Authority for transmission to the competent authority in the relevant executing State. | ||
(7) Where the provisions of this section are complied with in relation to the relevant hearing, the supervised person is deemed to be present at the relevant hearing for the purposes of any enactment or rule of law or order of any court requiring— | ||
(a) the presence in court of an accused person during criminal proceedings against him or her, and | ||
(b) the presence in court of a supervised person during any proceedings under this Act which relate to him or her. | ||
(8) Nothing in this section shall affect the right of the supervised person to be present during any criminal proceedings other than the relevant hearing. |