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).