Prisons and Courts Bill (HC Bill 170)

Prisons and Courts BillPage 100

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) 5authorised (generally or specifically) by the court in which
the proceedings concerned are being conducted, or

(b) authorised (generally or specifically) by the Lord Chancellor.

85D Interpretation

(1) This section applies for the purposes of sections 85A to 85C (and this
10section).

(2) The following expressions have the meanings given—

  • “court” means—

    (a)

    the Court of Appeal;

    (b)

    the High Court;

    (c)

    15the Crown Court;

    (d)

    the county court;

    (e)

    the family court;

    (f)

    a magistrates’ court;

  • “court proceedings” means any proceedings in any court;

  • 20“designated live-streaming premises” means premises that are
    designated by the Lord Chancellor for the purposes of this
    section as premises provided by the Lord Chancellor for the
    purpose of enabling members of the public to see and hear, or
    hear, proceedings that are broadcast in accordance with
    25directions under section 85A;

  • “recording” means a recording on any medium—

    (a)

    of a single image, a moving image or any sound, or

    (b)

    from which a single image, a moving image or any
    sound may be produced or reproduced;

  • 30“transmission” means any transmission by electronic means of
    a single image, a moving image or any sound (and
    “transmitted” is to be construed accordingly).

(3) A person (P) participates in proceedings through a live video link if,
by means of a live television link or other arrangement—

(a) 35P is able to see and hear all of the other persons participating
in the proceedings (including any who are not in court), and

(b) all of the other persons participating in the proceedings
(including any who are not in court) are able to see and hear
P.

(4) 40Proceedings are conducted wholly as video proceedings if all the
persons participating in the proceedings at a particular time do so
through a live video link.

(5) A person (P) participates in proceedings through a live audio link if,
by means of a live telephone link or other arrangement—

(a) 45P is able to hear all of the other persons participating in the
proceedings (including any who are not in court), and

Prisons and Courts BillPage 101

(b) all of the other persons participating in the proceedings
(including any who are not in court) are able to hear P.

(6) Proceedings are conducted wholly as audio proceedings if all the
persons participating in the proceedings at a particular time do so
5through a live audio link.

(7) An image or sound is transmitted—

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

(b) 10through a live audio link if it is transmitted as part of a
person’s participation in court proceedings through a live
audio link.”

First-tier Tribunal and Upper Tribunal

2 After section 29 of the Tribunals, Courts and Enforcement Act 2007 insert—

15“Use of live video or audio links: public participation & offences of recording etc

29A Enabling the public to see and hear proceedings

(1) If the First-tier Tribunal or Upper Tribunal directs that tribunal
proceedings are to be conducted wholly as video proceedings, that
Tribunal—

(a) 20may 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 that
25Tribunal to keep an audio-visual record of the proceedings.

(2) If the First-tier Tribunal or Upper Tribunal directs that tribunal
proceedings are to be conducted wholly as audio proceedings, that
Tribunal—

(a) may direct that the proceedings are to be broadcast (in the manner
30specified 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 that
Tribunal to keep an audio record of the proceedings.

(3) 35A direction under this section may relate to the whole, or to part, of
the proceedings concerned.

29B Offences 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) 40an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a
direction under section 29A.

(2) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

Prisons and Courts BillPage 102

(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 29A.

(3) 5It 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
10known, that the image or sound was—

(i) being broadcast in accordance with a direction under
section 29A (in the case of an offence under
subsection (1)), or

(ii) an image of, or sound made by, another person while
15the other person was viewing or listening to a
broadcast made in accordance with a direction under
section 29A (in the case of an offence under
subsection (2)).

(4) A person guilty of an offence under this section is liable on summary
20conviction 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) 25For the purposes of this section a recording or transmission is
“unauthorised” unless it is—

(a) authorised by a direction under section 29A,

(b) otherwise authorised (generally or specifically) by the
Tribunal in which the proceedings concerned are being
30conducted, or

(c) authorised (generally or specifically) by the Lord Chancellor.

29C Offences of recording or transmitting participation through live link

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

(a) an unauthorised recording, or

(b) 35an 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, or attempt to make—

(a) an unauthorised recording, or

(b) 40an unauthorised transmission,

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

(3) It is a defence for a person charged with an offence under subsection
45(1) or (2) to prove that, at the time of the actual or attempted
recording or transmission, he or she did not know, and could not
reasonably have known, that the image or sound concerned—

Prisons and Courts BillPage 103

(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
5person was participating in tribunal proceedings through a
live video link or a 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) 10For 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
15“unauthorised” unless it is—

(a) authorised (generally or specifically) by the Tribunal in
which the proceedings concerned are being conducted, or

(b) authorised (generally or specifically) by the Lord Chancellor.

29D Interpretation

(1) 20This section applies for the purposes of sections 29A to 29C (and this
section).

(2) The following expressions have the meanings given—

  • “tribunal proceedings” means any proceedings in the First-tier
    Tribunal or Upper Tribunal;

  • 25“designated live-streaming premises” means premises that are
    designated by the Lord Chancellor for the purposes of this
    section as premises provided by the Lord Chancellor for the
    purpose of enabling members of the public to see and hear, or
    hear, proceedings that are broadcast in accordance with
    30directions under section 29A;

  • “recording” means a recording on any medium—

    (a)

    of a single image, a moving image or any sound, or

    (b)

    from which a single image, a moving image or any
    sound may be produced or reproduced;

  • 35“transmission” means any transmission by electronic means of
    a single image, a moving image or any sound (and
    “transmitted” is to be construed accordingly).

(3) A person (P) participates in proceedings through a live video link if,
by means of a live television link or other arrangement—

(a) 40P is able to see and hear all of the other persons participating
in the proceedings (including any who are not in the First-tier
Tribunal or Upper Tribunal), and

(b) all of the other persons participating in the proceedings
(including any who are not in the First-tier Tribunal or Upper
45Tribunal) are able to see and hear P.

(4) Proceedings are conducted wholly as video proceedings if all the
persons participating in the proceedings at a particular time do so
through a live video link.

Prisons and Courts BillPage 104

(5) A person (P) participates in proceedings through a live audio link if,
by means of a live telephone link or other arrangement—

(a) P is able to hear all of the other persons participating in the
proceedings (including any who are not in the First-tier
5Tribunal or Upper Tribunal), and

(b) all of the other persons participating in the proceedings
(including any who are not in the First-tier Tribunal or Upper
Tribunal) are able to hear P.

(6) Proceedings are conducted wholly as audio proceedings if all the
10persons participating in the proceedings at a particular time do so
through a live audio link.

(7) An image or sound is transmitted—

(a) through a live video link if it is transmitted as part of a
person’s participation in tribunal proceedings through a live
15video link;

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

Employment tribunals and the Employment Appeal Tribunal

3 20After section 39 of the Employment Tribunals Act 1996 insert—

“Use of live video or audio links: public participation & offences of recording etc

39A Enabling the public to see and hear proceedings

(1) If an employment tribunal or Employment Appeal Tribunal directs that
proceedings are to be conducted wholly as video proceedings, that
25tribunal—

(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
30manner specified in the direction) for the purpose of enabling that
tribunal to keep an audio-visual record of the proceedings.

(2) If an employment tribunal or the Employment Appeal Tribunal directs that
proceedings are to be conducted wholly as audio proceedings, that
tribunal—

(a) 35may 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 that
40tribunal 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.

39B Offences of recording or transmission in relation to broadcasting

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

(a) 45an unauthorised recording, or

Prisons and Courts BillPage 105

(b) an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a
direction under section 39A.

(2) It is an offence for a person to make, or attempt to make—

(a) 5an 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 39A.

(3) 10It 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 a designated live-streaming premises,
and

(b) 15he 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 39A (in the case of an offence under
subsection (1)), or

(ii) 20an image of, or sound made by, another person while
the other person was viewing or listening to a
broadcast made in accordance with a direction under
section 39A (in the case of an offence under
subsection (2)).

(4) 25A 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
30or 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 39A,

(b) otherwise authorised (generally or specifically) by the
35tribunal in which the proceedings concerned are being
conducted, or

(c) authorised (generally or specifically) by the Lord Chancellor.

39C Offences of recording or transmitting participation through live link

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

(a) 40an 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, or attempt to make—

(a) 45an unauthorised recording, or

(b) an unauthorised transmission,

Prisons and Courts BillPage 106

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

(3) It is a defence for a person charged with an offence under subsection
5(1) or (2) to prove that, at the time of the actual or attempted
recording or transmission, he or she 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)),
10or

(b)
was an image of, or sound made by, a person while that
person was participating in tribunal proceedings through a
live video link or a live audio link (in the case of an offence
under subsection (2)).

(4) 15A 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
20or 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 tribunal in which
the proceedings concerned are being conducted, or

(b) 25authorised (generally or specifically) by the Lord Chancellor.

39D Interpretation

(1) This section applies for the purposes of sections 39A to 39C (and this
section).

(2) The following expressions have the meanings given—

  • 30“tribunal proceedings” means any proceedings in an
    employment tribunal or the Employment Appeal Tribunal;

  • “designated live-streaming premises” means premises that are
    designated by the Lord Chancellor for the purposes of this
    section as premises provided by the Lord Chancellor for the
    35purpose of enabling members of the public to see and hear, or
    hear, proceedings that are broadcast in accordance with
    directions under section 39A;

  • “recording” means a recording on any medium—

    (a)

    of a single image, a moving image or any sound, or

    (b)

    40from which a single image, a moving image or any
    sound may be produced or reproduced;

  • “transmission” means any transmission by electronic means of
    a single image, a moving image or any sound (and
    “transmitted” is to be construed accordingly).

(3) 45A person (P) participates in proceedings through a live video link if,
by means of a live television link or other arrangement—

(a) P is able to see and hear all of the other persons participating
in the proceedings (including any who are not in the

Prisons and Courts BillPage 107

employment tribunal or the Employment Appeal Tribunal),
and

(b) all of the other persons participating in the proceedings
(including any who are not in the employment tribunal or the
5Employment Appeal Tribunal) are able to see and hear P.

(4) Proceedings are conducted wholly as video proceedings if all the
persons participating in the proceedings at a particular time do so
through a live video link.

(5) A person (P) participates in proceedings through a live audio link if,
10by means of a live telephone link or other arrangement—

(a) P is able to hear all of the other persons participating in the
proceedings (including any who are not in the employment
tribunal or the Employment Appeal Tribunal), and

(b) all of the other persons participating in the proceedings
15(including any who are not in the employment tribunal or the
Employment Appeal Tribunal) are able to hear P.

(6) Proceedings are conducted wholly as audio proceedings if all the
persons participating in the proceedings at a particular time do so
through a live audio link.

(7) 20An image or sound is transmitted—

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

(b) through a live audio link if it is transmitted as part of a
25person’s participation in tribunal proceedings through a live
audio link.”

Section 36

SCHEDULE 7 Automatic online conviction and standard statutory penalty

References to single justice procedure notices

1 30In the enactments specified in the following table—

(a) for “single justice procedure notice” (in any place) substitute “written
procedure notice”;

(b) for “single justice procedure notices” (in any place) substitute
“written procedure notices”.

Act 35Provision(s)
Crime (International Co-operation) Act 2003 Sections 4A and 4B
Criminal Justice Act 2003 Section 30
Criminal Justice and Public Order Act 1994 Section 51
Criminal Law Act 1977 Section 39

Prisons and Courts BillPage 108

Act Provision(s)
Education Act 2002 Section 141F
Magistrates’ Courts Act 1980 Sections 16A, 16B, 16E and 150
Proceeds of Crime Act 2002 Section 85
Prosecution of Offences Act 1985 5Section 15
Road Traffic Offenders Act 1988 Sections 7 and 27
Vehicle Excise and Registration Act 1994 Section 55

Magistrates’ Courts Act 1980

2 The Magistrates’ Courts Act 1980 is amended as follows.

3 10In section 16A (trial by single justice on the papers), in subsection (1)—

(a) in paragraph (b), after “charged” insert “or is not an individual”;

(b) in paragraph (c), omit the final “and”;

(c) in paragraph (d)(ii), after “section” insert “, and”;

(d) after paragraph (d), insert—

(e) 15the accused has not accepted the automatic online
conviction option in respect of the offence.”

4 In section 108 (right of appeal to the Crown Court), after subsection (2)
insert—

(2A) A person convicted under section 16H may not appeal under this
20section against the conviction or sentence, except a sentence imposed
under section 16M(5)(b).”

Road Traffic Offenders Act 1988

5 In section 8 of the Road Traffic Offenders Act 1988 (duty to include date of
birth and sex in written plea of guilty)—

(a) 25in paragraph (aa), omit “or”;

(b) after paragraph (aa) insert—

(ab) accepts the automatic online conviction option
(within the meaning of section 16G of the
Magistrates’ Courts Act 1980), or”.

30Courts Act 2003

6 (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums
imposed on conviction) is amended as follows.

(2) In paragraph 1 (application of Schedule)—

(a) the existing provision becomes sub-paragraph (1) of paragraph 1;

(b) 35after thatf sub-paragraph insert—

(2) Further provision about the application of provisions of
this Schedule is made in paragraphs 10A, 21(2), 25(2), 29(2)
and 37(1A).”

Prisons and Courts BillPage 109

(3) After paragraph 10 insert—

“Application of this Part to person with automatic online conviction

10A This Part of this Schedule apples to a person who has been given
a notice of penalty (within the meaning of section 16K of the
5Magistrates’ Courts Act 1980) as it applies to P.”

(4) In paragraph 13 (contents of collection orders: general), in sub-paragraph
(2), after “P” insert “and a collection order”.

(5) In paragraph 21 (application of Part 6)—

(a) the existing provision becomes sub-paragraph (1) of paragraph 21;

(b) 10after that sub-paragraph insert—

(2) This Part also applies if a person (P) has been given a notice
of penalty (within the meaning of section 16K of the
Magistrates’ Courts Act 1980).

(3) In the application of this Part in such a case—

(a) 15“collection order” means the notice of penalty;

(b) a reference the collection order being made is a
reference to the notice of penalty being given;

(c) “payment terms” means the terms for payment of
the sums required by the notice of payment.”

(6) 20In paragraph 25 (application of Part 7)—

(a) the existing provision becomes sub-paragraph (1) of paragraph 25;

(b) after that sub-paragraph insert—

(2) This Part also applies on the first occasion on which a
person (P) is in default on a notice of penalty (within the
25meaning of section 16K of the Magistrates’ Courts Act
1980).

(3) None of the terms of a notice of penalty are to be regarded
as reserve terms for the purposes of this Schedule.

(4) In the application of this Schedule in relation to a sum due
30under a notice of penalty, any reference to the collection
order has effect as a reference to the notice of penalty.”

(7) In paragraph 29 (application of Part 8)—

(a) the existing provision becomes sub-paragraph (1) of paragraph 29;

(b) after that sub-paragraph insert—

(2) 35This Part also applies if (through the application of Part 6
by virtue of paragraph 21(2))—

(a) a notice of penalty contains reserve terms, and

(b) the attachment of earnings order or application for
benefit deductions made under Part 6 fails.”

(8) 40In paragraph 37 (functions of fines officer in relation to defaulters: referral or
further steps notice), after sub-paragraph (1) insert—

(1A) This paragraph also applies if—