(i) in the absence of any party and (if applicable) any representative of the youth offending team whose functions are exercisable in relation to a defendant unless the absentee has had an opportunity to make representations, and 

(ii) without first satisfying itself that the requirements of the Crime and Disorder Act 1998 or the Criminal Justice Act 2003 which apply are met. 

(3) Where the court gives a direction for everyone taking part in a hearing to do so by live link the court may exercise its power under section 85A of the Courts Act 2003 (Enabling the public to see and hear proceedings) to direct that ― 

(a) the proceedings are to be broadcast, within the meaning of that section of that Act; and 

(b) a recording of the proceedings is to be made, within the meaning of that section. 

[Note. The summary at the end of this Part lists the prohibitions and limitations imposed on the use of live links by the Crime and Disorder Act 1998 and the Criminal Justice Act 2003. The requirements for giving, varying and rescinding a live link direction are contained in sections 57B (preliminary hearings), 57E (sentencing hearings) and 57F (enforcement hearings) of the Crime and Disorder Act 1998 ( a )  and in section 51 of the Criminal Justice Act 2003 ( b )  (‘eligible criminal proceedings’, as defined by that section, including trials and appeals). Those requirements are reflected in the requirements of this rule and in the information required of an applicant for a live link direction by rule 18.24(1)(f), (g), (h).] ”; 

(f) in rule 18.24 (Content of application for a live link direction)— 

(i) for paragraph (1) substitute— 

“(1) An applicant for a live link direction must— 

(a) identify the power that the applicant wants the court to exercise; 

(b) specify the hearing or hearings in respect of which the applicant wants the direction to apply; 

(c) identify each person to whom the applicant wants the direction to apply and specify— 

(i) each one whom the applicant wants to give evidence by live link, and 

(ii) each one whom the applicant wants to take part by live link without giving evidence; 

(d) in respect of each such person, specify the type of live link proposed (either video or audio); 

(e) unless the court otherwise directs, identify the place from which each such person will take part if the direction is given; 

(f) identify any material circumstances relating to— 

(i) the availability of the proposed participant by live link, 

(ii) any potential need for that participant to attend in person, not by live link, 

(iii) any views which that participant may have expressed, 

(iv) the suitability of the facilities at the place from which that participant would take part by live link if the direction were given, and 

(v) that participant’s ability to take part effectively if the direction were given, including in particular, if that participant is the defendant, whether he or she 

