Section 1 – Electronic signatures and alternative methods of sending documents
10.This section modifies the 1995 Act to make provision permitting the use of electronic signatures on documents in criminal proceedings. This section further enables documents to be transmitted between parties electronically, and to be sent to solicitors acting on an individual’s behalf.
11.Subsection (2) inserts four new sections into the 1995 Act before section 304 (and the Part heading immediately preceding it) – i.e. immediately after section 303B.
12.Subsection (3) repeals subsections (6C) to (6E) of section 66, section 72G and section 148D of the 1995 Act. Those provisions make more limited provision about the service of certain documents on an accused person via their solicitor and are therefore superseded by the more general provision made by this section.
Inserted section 303C – Electronic signatures
13.This section provides for an electronic signature to fulfil any requirement (however expressed and for whatever purpose) that a document of a type mentioned in inserted section 303E, or a deletion or correction of it, be signed or initialled.
Inserted section 303D – Sending documents electronically and to a solicitor
14.This section provides that any requirement (however expressed) that a document of a type mentioned in inserted section 303E be given to a person may be fulfilled by (a) transmitting it to the person electronically, or (b) transmitting it to the person’s solicitor.
15.Subsection (2) sets out certain requirements associated with the electronic transmission of documents as provided for in subsection (1), specifying that the transmission must be effected in a manner that the recipient has indicated (either specifically or generally) that they are willing to receive the document. The subsection further provides that in certain specified circumstances, this willingness is capable of being inferred.
16.Subsection (3) provides further detail on what references to “giving” a person a document covers.
Inserted section 303E – Documents to which sections 303C and 303D apply
17.By virtue of this section, sections 303C and 303D apply to orders, warrants, sentences, citations, minutes or any other document produced by a court, including any extracts of them. These sections also apply to any document which is required by law to be given to a person in connection with any criminal proceedings before a court, which includes documents required to initiate proceedings, and documents used as, or in place of, evidence.
18.Subsection (2) confers a power on the Lord Justice General to direct that a type of document mentioned in subsection (1) is not to be treated as falling within section 303C or 303D. Subsection (3) provides that such a direction may relate to some or all criminal proceedings, may be varied or revoked, and must be made publicly available for so long as it has effect. For example, the Lord Justice General could direct that in respect of business in the High Court, citations are not to be regarded as mentioned in subsection (1) for the purposes of section 303C or 303D.
Inserted section 303F – Interpretation of sections 303C to 303E
19.This section sets out the interpretation applicable to sections 303C, 303D and 303E. Further material on interpretation is provided in inserted section 303O (inserted by section 4).
