ScheduleTemporary justice measures
Part 1Courts and tribunals: conduct of business by electronic means etc.
Chapter 2Attending a court or tribunal
Suspension of requirement for physical attendance in criminal proceedings, excluding trials and certain processes
I1C17
1
This paragraph—
a
applies only in relation to criminal proceedings, but
b
does not apply in relation to—
i
a hearing in which a person is to give evidence, or
ii
proceedings in which the only party is a public official as defined in paragraph 9(3).
2
Any requirement (however expressed) that a person physically attend a court does not apply if—
a
a determination made by the Lord Justice General states that it does not, and
b
the court has not directed the person to physically attend.
3
A determination under sub-paragraph (2)(a)—
a
may, in particular, disapply a requirement for physical attendance—
i
in relation to persons or hearings described in the determination,
ii
by enabling a court to disapply it in circumstances specified in the determination,
b
may make different provision for different purposes and areas,
c
may vary or revoke an earlier determination made under the sub-paragraph,
d
must be made publicly available for so long as it has effect.
4
The Lord Justice General may make a determination under sub-paragraph (2)(a) disapplying a requirement for physical attendance only if (taking into account the discretion conferred by sub-paragraph (2)(b)), the Lord Justice General is satisfied that it would not—
a
prejudice the fairness of proceedings, or
b
otherwise be contrary to the interests of justice.
5
A direction under sub-paragraph (2)(b)—
a
may be made by a court on the motion of a party or of its own accord,
b
may revoke an earlier direction made under the sub-paragraph.
6
Where, by reason of a determination under sub-paragraph (2)(a), a person is to attend a court hearing by electronic means in accordance with paragraph 8, the court must—
a
take steps to ensure that the parties are aware of their right to make a motion for a direction under sub-paragraph (2)(b), and
b
deal with any motion for a direction under that sub-paragraph,
before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.
7
References in this paragraph to physically attending a court are to be construed in accordance with paragraph 6(12).