[SCHEDULE 3A Prohibitions and Limitations on Use of LIVE Links]

[SCHEDULE 3A Prohibitions and Limitations on Use of LIVE Links]

[Conduct of proceedings wholly as audio proceedings

1

(1)     Eligible criminal proceedings may be conducted wholly as audio proceedings only if the proceedings meet one of the following conditions.

(2)     Condition A: the proceedings are preliminary or incidental to a criminal appeal to the Crown Court.

(3)     Condition B: the proceedings are preliminary or incidental to an appeal to the criminal division of the Court of Appeal.

(4)     Condition C: the proceedings are preliminary or incidental to a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988.

(5)     Condition D: the proceedings are preliminary or incidental to the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995.

(6)     Condition E: the proceedings are a hearing following conviction held for the purpose of making a decision about whether to impose or vary conditions of bail in respect of the person convicted.

(7)     Condition F:

(a)     the proceedings are a hearing following conviction held for the purpose of deciding whether to grant or continue bail in respect of the person convicted, and

(b)     either—

(i)     section 4 of the Bail Act 1976 does not apply to the person, or

(ii)     the making of the decision is not disputed (including where the court is minded to refuse or revoke bail of its own motion).

(8)     But proceedings which meet any of those conditions may not be conducted wholly as audi

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