Part 1

Criminal justice modernisation

Modernisation of criminal procedures

Virtual attendance at court
2
1
The Criminal Procedure (Scotland) Act 1995 is modified as follows.
2
After section 303F (inserted by section 1) insert—

Virtual attendance at court

Suspension of requirement for physical attendance in criminal trials
303G
1
This section applies in relation to a hearing in criminal proceedings in which—
a
a person is to give evidence, and
b
section 303H does not apply.
2
A court may disapply any requirement (however expressed) that a person physically attend the court by directing that the person need not do so.
3
A court may disapply a requirement for a person’s physical attendance under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance with section 303K would not—
a
prejudice the fairness of the proceedings, or
b
otherwise be contrary to the interests of justice.
4
Nothing in this section affects any other basis upon which a person need not physically attend a court.
5
References in this section to physically attending a court are to—
a
being in a particular place, or
b
being in the same place as another person,
for the purpose of any proceedings before a court or an office holder of a court.

Suspension of requirement for physical attendance in criminal proceedings where only party is a public official
303H
1
This section applies in relation to criminal proceedings in which the only party is a public official.
2
Any requirement (however expressed) that a person physically attend a court does not apply, unless the court directs the person to physically attend.
3
A court may direct a person to physically attend under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance with section 303K would—
a
prejudice the fairness of the proceedings, or
b
otherwise be contrary to the interests of justice.
4
Nothing in this section affects any other basis upon which a person need not physically attend a court.
5
References in this section to physically attending a court are to be construed in accordance with section 303G(5).

Directions under sections 303G and 303H
303I
1
A court may issue a direction under section 303G(2) or 303H(2) on the motion of a party or of its own accord.
2
The power to issue a direction under section 303G(2) or 303H(2) includes the power to revoke an earlier direction under that section.
3
In considering whether to issue a direction under section 303G(2) or 303H(2), the court must—
a
give all parties an opportunity to make representations (subject to subsection (4)), and
b
have regard to any guidance issued by the Lord Justice General.
4
A court may, of its own accord, issue the first direction under section 303G(2) or 303H(2) in relation to a hearing or proceedings without having given the parties an opportunity to make representations.
5
Where a direction under section 303G(2) or 303H(2) is issued as described in subsection (4), the court must—
a
take steps to ensure that the parties are aware of their right to make a motion for the revocation of the direction, and
b
deal with any motion for the direction’s revocation,
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.

Suspension of requirement for physical attendance in other criminal hearings or proceedings
303J
1
This section applies in relation to any criminal proceedings other than—
a
a hearing to which section 303G applies, or
b
proceedings to which section 303H applies.
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 subsection (2)(a)—
a
may, in particular, disapply a requirement for physical attendance—
i
in relation to persons, hearings or proceedings described in the determination,
ii
by enabling a court to disapply it in circumstances specified in the determination,
b
may make different provision for—
i
different purposes,
ii
different areas,
c
may be varied or revoked,
d
must set out the reason for making the determination,
e
must be made publicly available for so long as it has effect.
4
The Lord Justice General may make a determination under subsection (2)(a) disapplying a requirement for physical attendance only if (taking into account the discretion conferred by subsection (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 subsection (2)(b)—
a
may be issued by a court on the motion of a party or of its own accord,
b
may be revoked.
6
Where, by reason of a determination under subsection (2)(a), a person is to attend a court hearing by electronic means in accordance with section 303K, the court must—
a
take steps to ensure that the parties are aware of their right to make a motion for a direction under subsection (2)(b), and
b
deal with any motion for a direction under that subsection,
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
Nothing in this section affects any other basis upon which a person need not physically attend a court.
8
References in this section to physically attending a court are to be construed in accordance with section 303G(5).

Attending by electronic means
303K
1
A person excused from a requirement to physically attend a court by virtue of section 303G(2), 303H(2) or 303J(2)(a) must instead appear before the court or office holder (as the case may be) by electronic means in accordance with a direction issued by the court.
2
A person who fails to do so is to be regarded as having failed to comply with the requirement to physically attend from which the person is excused.
3
A direction under subsection (1)—
a
is to set out how the person is to appear by electronic means before the court or office holder, including what requirements must be satisfied by the location from which the person is to appear,
b
may include any other provision which the court considers appropriate,
c
may be made by a court on the motion of a party or of its own accord.
4
The power to issue a direction under subsection (1) includes the power to vary or revoke an earlier direction issued under that subsection.
5
Before issuing a direction under subsection (1), the court must—
a
give all parties an opportunity to make representations (subject to subsection (6)), and
b
have regard to any guidance issued by the Lord Justice General.
6
The court may, of its own accord, issue the first direction under subsection (1) in relation to a hearing or proceedings without having given the parties an opportunity to make representations.
7
Where a direction is issued as described in subsection (6), the court must—
a
take steps to ensure that the parties are aware of their right to make a motion for the variation or revocation of the direction, and
b
deal with any motion for the variation or revocation of the direction,
before taking a decision about any other matter at the hearing, other than a decision to adjourn, a decision in respect of a motion for a direction under section 303G, 303H or 303J or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.
8
A direction under subsection (1) setting out—
a
how a party to proceedings is to attend by electronic means a hearing in which a person is to give evidence, must provide for the party to use means that enable the party to both see and hear all of the other parties, the judge and (where applicable) the jury and any witness who is giving evidence,
b
how a witness who is to give evidence at a hearing is to attend by electronic means, must provide for the witness to use means that enable all of the parties, the judge and (where applicable) the jury to both see and hear the witness.
9
Nothing in subsection (8) is to be taken to mean that a person is to be enabled to see or hear a witness in a way that measures taken in accordance with an order of the court would otherwise prevent.

General directions under section 303K
303L
1
A court may—
a
issue a direction under section 303K(1) that applies for the purpose of all proceedings of a type specified in the direction, provided that the only party to the proceedings is a public official,
b
issue a further direction under section 303K(1) overriding, for the purpose of specific proceedings, a general direction issued by virtue of paragraph (a).
2
Section 303K(5)(a) does not apply in relation to a general direction issued by virtue of subsection (1)(a).

Publication of guidance
303M
Where the Lord Justice General issues guidance relevant to the issuing of directions under section 303G(2), 303H(2) or 303K(1), the Lord Justice General must make the guidance publicly available for so long as it has effect.
.
S. 2 in force at 1.12.2025, see s. 34(3)(b)