SCHEDULES

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

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

3Effect, and rescission, of directions

1

Where in any proceedings a court or tribunal—

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has not rescinded the direction,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A direction under paragraph 2 in respect of a person may be rescinded—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.