Coronavirus (Recovery and Reform) (Scotland) Act 2022

7 (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).