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SCHEDULES

Section 57

SCHEDULE 27N.I.Use of live links in legal proceedings: Northern Ireland

PART 1N.I.Powers of courts and tribunals to direct use of live links

Modifications etc. (not altering text)

Proceedings to which this Part of this Schedule appliesN.I.

1(1)This Part of this Schedule applies to any proceedings in a court or statutory tribunal.N.I.

(2)In this Part of this Schedule “court” means—

(a)the Court of Appeal,

(b)the High Court,

(c)the Crown Court,

(d)a county court, or

(e)a magistrates' court.

(3)In this Part of this Schedule “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—

(a)a court, or

(b)any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent.

(4)In this paragraph “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Power to give direction for participation by live linkN.I.

2(1)A person may, if a court or statutory tribunal so directs, participate in any proceedings in the court or tribunal through a live link.N.I.

(2)A direction may not be given under this paragraph as respects a person's participation in proceedings as a member of a jury.

(3)A direction may be given under this paragraph in respect of a person—

(a)of the court or tribunal's own motion,

(b)on application by the person, or

(c)on application by a party to the proceedings.

(4)A court or tribunal may not give a direction under this paragraph unless the court or tribunal is satisfied that it is in the interests of justice to do so.

(5)In deciding whether to give a direction under this paragraph, the court or tribunal must consider all the circumstances of the case.

(6)Those circumstances include (in particular)—

(a)the views of the person;

(b)the views of the parties to the proceedings;

(c)public health interests.

(7)Where a court or tribunal refuses an application for a direction under this paragraph, it must—

(a)state openly its reasons for doing so, and

(b)if it is a magistrates' court, cause the reasons to be entered in the Order Book.

(8)Power of a court or tribunal to give a direction under this paragraph is additional to, and does not limit, any other power of the court or tribunal.

Effect, and rescission, of directionsN.I.

3(1)Where in any proceedings a court or tribunal—N.I.

(a)has given a direction under paragraph 2 in respect of a person, and

(b)has not rescinded the direction,

the person may not participate in the proceedings otherwise than through a live link.

(2)A court or tribunal may rescind a direction under paragraph 2 if it appears to the court or tribunal to be in the interests of justice to do so.

(3)Where it does so, the person concerned ceases to be able to participate in the proceedings through a live link, but this does not prevent a further direction under paragraph 2 being given in the proceedings in respect of the person.

(4)A direction under paragraph 2 in respect of a person may be rescinded—

(a)of the court or tribunal's own motion,

(b)on application by the person, or

(c)on application by a party to the proceedings.

(5)An application may not be made under sub-paragraph (4)(b) or (c) unless there has been a material change of circumstances since the direction was given.

(6)Where a court or tribunal rescinds a direction under paragraph 2, or refuses an application to rescind such a direction, it must—

(a)state openly its reasons for rescinding the direction or refusing the application, and

(b)if it is a magistrates' court, cause the reasons to be entered in the Order Book.

Meaning of references to participation in proceedingsN.I.

4N.I.A reference in this Part of this Schedule to participating in any proceedings includes (in particular) participation—

(a)as a party to the proceedings,

(b)as a witness,

(c)as a judge or other member of the court or tribunal,

(d)as a member of a jury,

(e)as a legal representative acting in the proceedings,

(f)as an interpreter or other person appointed by the court or tribunal to assist in the proceedings,

(g)as the clerk to the court or tribunal, or

(h)as a representative of the press.

Participation by persons outside the United KingdomN.I.

5(1)A direction under paragraph 2 may be given in respect of a person whether the person is in the United Kingdom or elsewhere.N.I.

(2)A statement made on oath by a person outside the United Kingdom and given in evidence through a live link in accordance with a direction under paragraph 2 is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made in the proceedings in which it is given in evidence.

Meaning of “live link”N.I.

6(1)In this Part of this Schedule “live link” means a live video link or a live audio link.N.I.

(2)A “live video link”, in relation to a person (“P”) participating in proceedings, is a live television link or other arrangement which—

(a)enables P to see and hear all other persons participating in the proceedings who are not in the same location as P, and

(b)enables all other persons participating in the proceedings who are not in the same location as P to see and hear P.

(3)A “live audio link”, in relation to a person (“P”) participating in proceedings, is a live telephone link or other arrangement which—

(a)enables P to hear all other persons participating in the proceedings who are not in the same location as P, and

(b)enables all other persons participating in the proceedings who are not in the same location as P to hear P.

(4)The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of sub-paragraphs (2) and (3).

Interpretation of this Part of this Schedule: generalN.I.

7N.I.The Interpretation Act (Northern Ireland) 1954 applies for the purposes of the preceding provisions of this Part of this Schedule as if those provisions were contained in an Act of the Northern Ireland Assembly.

PART 2N.I.Public participation in proceedings where live links used

Modifications etc. (not altering text)

8N.I.The Judicature (Northern Ireland) Act 1978 has effect as if after section 102 there were inserted—

“PART 9AN.I.Use of live links in court or tribunal proceedings: public participation & offences of recording etc

102AEnabling the public to see and hear proceedings

(1)If proceedings in a court or statutory tribunal are to be conducted wholly as video proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—

(a)may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;

(b)may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio-visual record of the proceedings.

(2)If proceedings in a court or statutory tribunal are to be conducted wholly as audio proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—

(a)may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;

(b)may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio record of the proceedings.

(3)A direction under this section may relate to the whole, or to part, of the proceedings concerned.

102BOffences of recording or transmission in relation to broadcasting

(1)It is an offence for a person 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 102A.

(2)It is an offence for a person 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 102A.

(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 recording or transmission of the image or sound concerned, the person—

(a)was not in designated live-streaming premises, and

(b)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 102A (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 102A (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 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 102A,

(b)otherwise authorised (generally or specifically) by the court or tribunal in which the proceedings concerned are conducted, or

(c)authorised (generally or specifically) by the Department.

102COffences of recording or transmitting participation through live link

(1)It is an offence for a person to make—

(a)an unauthorised recording, or

(b)an unauthorised transmission,

of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.

(2)It is an offence for a person (“P”) to make—

(a)an unauthorised recording, or

(b)an unauthorised transmission,

of an image of, or sound made by, any person (whether P or another person) while that person is participating in court or tribunal proceedings through a live video link or live audio link.

(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 recording or transmission, the person did not know, and could not reasonably have known, that the image or sound concerned—

(a)was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or

(b)was an image of, or sound made by, a person while that person was participating in court or tribunal proceedings through a live video link or live audio link (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 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 (generally or specifically) by the court or tribunal in which the proceedings are conducted, or

(b)authorised (generally or specifically) by the Department.

102DInterpretation of Part 9A

(1)This section applies for the purposes of this Part.

(2)The following expressions have the meanings given—

(3)A “live video link”, in relation to a person (“P”) taking part in proceedings, is a live television link or other arrangement which—

(a)enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and

(b)enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.

(4)Proceedings are conducted wholly as video proceedings if—

(a)directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live video link, and

(b)all those persons take part in the proceedings in accordance with those directions.

(5)A “live audio link”, in relation to a person (“P”) taking part in proceedings, is a live telephone link or other arrangement which—

(a)enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and

(b)enables all other persons taking part in the proceedings who are not in the same location as P to hear P.

(6)Proceedings are conducted wholly as audio proceedings if—

(a)directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live audio link, and

(b)all those persons take part in the proceedings in accordance with those directions.

(7)An image or sound—

(a)is transmitted through a live video link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live video link;

(b)is transmitted through a live audio link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live audio link.

(8)The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of subsections (3) and (5).”

F1PART 3N.I.Availability of live links in certain magistrates' court proceedings in Northern Ireland

Textual Amendments

F1Sch. 27 Pt. 3 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

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