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Criminal Procedure (Scotland) Act 1995

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Changes over time for: Section 288H

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Criminal Procedure (Scotland) Act 1995, Section 288H is up to date with all changes known to be in force on or before 19 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1288HParticipation through live television linkS

(1)Where the court so determines at any time before or at a specified hearing, a detained person is to participate in the hearing by means of a live television link.

(2)The court—

(a)must give the parties in the case an opportunity to make representations before making a determination under subsection (1),

(b)may make such a determination only if it considers that to do so is not contrary to the interests of justice.

(3)The court may require a detained person to participate by means of a live television link in any proceedings at a specified hearing or otherwise in the case for the sole purpose of considering whether to make a determination under subsection (1) with respect to a specified hearing.

(4)Where a detained person participates in any specified hearing or other proceedings by means of a live television link—

(a)a place of detention is, for the purposes of the hearing or other proceedings, deemed to be part of the court-room, and

(b)accordingly, the hearing is or other proceedings are deemed to take place in the presence of the detained person.

(5)In this section—

  • court-room” includes chambers,

  • live television link” means live television link between a place of detention and the court-room in which any specified hearing is or other proceedings are to be held or (as the case may be) any specified hearing is or other proceedings are being held.]

Textual Amendments

F1Ss. 288H-288L and cross-heading inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 110(1), 117(2); S.S.I. 2017/345, art. 3, sch.

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