PART XIII

Miscellaneous

Virtual attendance at 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).
Ss. 303G-303M and cross-heading inserted (1.12.2025) by Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025 (asp 14), ss. 2(2), 34(2)(3)(b)