C1Part 7Procedure rules and practice directions
F1Use of live video or audio links: public participation & offences of recording etc
Ss. 85A-85D and cross-heading inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 25 para. 1 (with ss. 88-90) (which affecting provision is continued until 25.9.2022 by S.I. 2022/362, regs. 1(2), 2; but then repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 201(2), 208(1))
85BOffences of recording or transmission in relation to broadcasting
1
It is an offence for a person to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image or sound which is being broadcast in accordance with a direction under section 85A.
2
It is an offence for a person to make, or attempt to make—
a
an unauthorised recording, or
b
an unauthorised transmission,
of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 85A.
3
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission of the image or sound concerned—
a
he or she was not in designated live-streaming premises, and
b
he or she did not know, and could not reasonably have known, that the image or sound was—
i
being broadcast in accordance with a direction under section 85A (in the case of an offence under subsection (1)), or
ii
an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 85A (in the case of an offence under subsection (2)).
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
6
For the purposes of this section a recording or transmission is “unauthorised” unless it is—
a
authorised by a direction under section 85A,
b
otherwise authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or
c
authorised (generally or specifically) by the Lord Chancellor.
Pt. 7 modified (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(4), 94(1); S.I. 2008/755, art. 15(1)(f)