Criminal Procedure (Scotland) Act 1995

[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.