Coronavirus Bill (HC Bill 122)

(ii) whether a direction might tend to inhibit any party
from effectively testing the witness’s evidence;

(b) in the case of a direction relating to any participant in the
hearing—

(i) 5the availability of the person;

(ii) the need for the person to attend in person;

(iii) the views of the person;

(iv) the suitability of the facilities at the place where the
person would take part in the hearing in accordance
10with the direction;

(v) whether the person will be able to take part in the
hearing effectively if he or she takes part in
accordance with the direction.”

(9) Subsection (8) were omitted.

(10) 15In subsection (10)(b) for “a preliminary” there were substituted “an
enforcement”.

(11) After subsection (10) there were inserted—

“(11) If any person takes part in an enforcement hearing— other than for
the purpose of giving evidence — through a live audio link, the court
20may not—

(a) impose imprisonment or detention in default of payment of a
sum or financial penalty, or

(b) deal with a person for contempt of court (including enquiring
into conduct and imposing punishment).”

25Requirement to attend at court, holding proceedings in court etc

6 After section 57F there were inserted—

“57G Requirement to attend court, perjury

(1) A person who takes part in a hearing in accordance with a direction
under section 57B, 57E or 57F is to be treated as complying with any
30requirement (however imposed or expressed) for that person to
attend or appear before court, or surrender to the custody of the
court, for the purposes of that participation in that hearing.

(2) A person who takes part in a hearing in accordance with a direction
under section 57B, 57E or 57F is to be treated as present in court for
35the purposes of that hearing.

(3) A hearing that is conducted in accordance with directions under
section 57B, 57E or 57F—

(a) wholly as an audio hearing, or

(b) wholly as a video hearing,

40is to be regarded as taking place at the location where the member or
members of the court take part in the hearing.

(4) A statement made on oath by a witness outside the United Kingdom
and given in evidence through a live audio link or a live video link
in accordance with a direction under this Part is to be treated for the

purposes of section 1 of the Perjury Act 1911 as having been made in
the proceedings in which it is given in evidence.”

Prohibitions and limitations on use of live links

7 After Schedule 3 there were inserted—

“Schedule 1

5Part 1 Directions under section 57B — preliminary hearings

Introduction

1 This Part of this Schedule applies to the conduct of preliminary
hearings in accordance with live link directions under section 57B.

10Use of audio links

2 (1) The accused may not take part in a preliminary hearing through a
live audio link for the purpose of giving evidence.

(2) A person (other than the accused) may not take part in a
preliminary hearing through a live audio link for the purpose of
15giving evidence unless—

(a) there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(b) the parties agree to that person giving evidence through a
live audio link.

(3) 20This paragraph does not apply to a preliminary hearing if the
court is minded to deal with a person for contempt of court
(including enquiring into conduct and imposing punishment) at
the hearing (but see paragraph 4).

Disputed bail hearings

3 (1) 25This paragraph applies to a preliminary hearing at which the court
is deciding whether to grant or continue bail if the making of the
decision is disputed (including where the court is minded to
refuse or revoke bail of its own motion).

(2) The accused may not take part in the hearing through a live audio
30link.

(3) A person (other than the accused) may not take part in the hearing
through a live audio link unless—

(a) that person’s participation through the live audio link is
only for the purpose of giving evidence at the hearing,

(b) 35there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) the parties agree to that person giving evidence through a
live audio link.

Contempt of court

4 (1) This paragraph applies to a preliminary hearing at which the court
is minded to deal with a person for contempt of court (including
enquiring into conduct and imposing punishment).

(2) 5The accused may not take part in the hearing through a live audio
link.

(3) A person (other than the accused) may not take part in the hearing
through a live audio link unless—

(a) that person’s participation through the live audio link is
10only for the purpose of giving evidence at the hearing,

(b) there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) the parties agree to that person giving evidence through a
live audio link.

(4) 15References in this paragraph to the accused include references to
the person whom the court is minded to deal with for contempt of
court.

Unfitness to plead

5 (1) This paragraph applies to a hearing under section 4 of the
20Criminal Procedure (Insanity) Act 1964.

(2) The hearing may not be conducted wholly as a video hearing.

(3) The accused may not take part in the hearing through a live audio
link.

(4) A person (other than the accused) may not take part in the hearing
25through a live audio link unless—

(a) that person’s participation through the live audio link is
only for the purpose of giving evidence at the hearing,

(b) there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) 30the parties agree to that person giving evidence through a
live audio link.

Acceptance of a guilty plea

6 (1) This paragraph applies to a preliminary hearing at which the
accused is expected to plead guilty.

(2) 35The accused may not take part in the hearing through a live audio
link.

(3) A person (other than the accused) may not take part in the hearing
through a live audio link unless—

(a) that person’s participation through the live audio link is
40only for the purpose of giving evidence at the hearing,

(b) there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) the parties agree to that person giving evidence through a
live audio link.

Other limitations to apply also

7 The limitations imposed under this Part of this Schedule are in
5addition to any others (such as those in section 57B(3)) which
apply to the exercise of the power to give a direction under section
57B(2).

Part 2 Directions under section 57E — sentencing hearings

10Introduction

8 This Part of this Schedule applies to the conduct of sentencing
hearings in accordance with live link directions under section 57E.

Use of live audio links

9 (1) The offender may not take part in a sentencing hearing through a
15live audio link.

(2) A person (other than the offender) may not take part in a
sentencing hearing through a live audio link unless—

(a) that person’s participation through the live audio link is
only for the purpose of giving evidence at the hearing,

(b) 20there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) the parties agree to that person giving evidence through a
live audio link.

Other limitations to apply also

10 25The limitations imposed under this Part of this Schedule are in
addition to any others (such as those in section 57E(2)) which
apply to the exercise of the power to give a direction under section
57E(1).

Part 3 30Directions under section 57F — enforcement hearings

Introduction

11 This Part of this Schedule applies to the conduct of enforcement
hearings in accordance with live link directions under section 57F.

Use of live audio links

12 (1) 35The person liable to pay the relevant sum may not take part in an
enforcement hearing through a live audio link for the purpose of
giving evidence.

(2) A person (other than the person liable to pay the relevant sum)
may not take part in an enforcement hearing through a live audio
link for the purpose of giving evidence unless—

(a) there are no suitable arrangements by means of which that
5person could give evidence through a live video link, and

(b) the parties to the hearing agree to that person giving
evidence through a live audio link.

(3) In this paragraph “relevant sum” means the sum or financial
penalty whose collection, discharge, satisfaction or enforcement
10the enforcement hearing is concerned with.

(4) This paragraph does not apply to an enforcement hearing if the
court is minded to deal with a person for contempt of court
(including enquiring into conduct and imposing punishment) at
the hearing (but see paragraph 14).

15Hearing where court minded to impose imprisonment or detention

13 (1) This paragraph applies to an enforcement hearing if the court is
minded to impose imprisonment or detention on a person (the
“defaulter”) in default of payment of a sum or financial penalty at
the hearing.

(2) 20The defaulter may not take part in the hearing through a live audio
link.

(3) A person (other than the defaulter) may not take part in the
hearing through a live audio link unless—

(a) that person’s participation through the live audio link is
25only for the purpose of giving evidence at the hearing,

(b) there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) the parties to the hearing agree to that person giving
evidence through a live audio link.

30Contempt of court

14 (1) This paragraph applies to an enforcement hearing at which the
court is minded to deal with a person for contempt of court
(including enquiring into conduct and imposing punishment).

(2) The person liable to pay the relevant sum may not take part in the
35hearing through a live audio link.

(3) A person (other than the person liable to pay the relevant sum)
may not take part in the hearing through a live audio link unless—

(a) that person’s participation through the live audio link is
only for the purpose of giving evidence at the hearing,

(b) 40there are no suitable arrangements by means of which that
person could give evidence through a live video link, and

(c) the parties to the hearing agree to that person giving
evidence through a live audio link.

(4) In this paragraph—

(a) “relevant sum” means the sum or financial penalty whose
collection, discharge, satisfaction or enforcement the
enforcement hearing is concerned with;

(b) references in this paragraph to the person liable to pay the
5relevant sum include references to the person whom the
court is minded to deal with for contempt of court.

Other limitations to apply also

15 The limitations imposed under this Part of this Schedule are in
addition to any others (such as those in section 57F(2)) which
10apply to the exercise of the power to give a direction under section
57F.”

Part 2 Other amendments

Police and Criminal Evidence Act 1984

8 (1) 15The Police and Criminal Evidence Act 1984 has effect as if amended as
follows.

(2) In section 46ZA (persons granted live link bail), in subsection (3)(b), for
“section 57C” there were substituted “section 57B”.

(3) In section 46A (power of arrest for failure to answer to police bail), in
20subsection (1ZA)(b), for “section 57C” there were substituted “section 57B”.

(4) In section 47 (bail after arrest), in subsection (3)(b)(i)—

(a) for “section 57C” there were substituted “section 57B”;

(b) “where accused is at police station” were omitted.

Prosecution of Offences Act 1985

9 25Section 22(11A) of the Prosecution of Offences Act 1985 (power of Secretary
of State to set time limits in relation to preliminary stages of criminal
proceedings), has effect as if “or fitness to plead” were omitted.

Serious Organised Crime and Police Act 2005

10 The Serious Organised Crime and Police Act 2005 has effect as if section 75A
30were omitted.

Section 53

SCHEDULE 24 Public participation in proceedings conducted by video or audio

Criminal, civil and family proceedings

1 The Courts Act 2003 has effect as if after section 85 there were inserted—

5““Use of live video or audio links: public participation @AMP@amp; offences of recording etc

85A Enabling the public to see and hear proceedings

(1) If the court directs that proceedings are to be conducted wholly as
video proceedings, the court—

(a) may direct that the proceedings are to be broadcast (in the
10manner 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 to keep an audio-visual record of the
15proceedings.

(2) If the court directs that proceedings are to be conducted wholly as
audio proceedings, the court—

(a) may direct that the proceedings are to be broadcast (in the
manner specified in the direction) for the purpose of enabling
20members 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 to keep an audio record of the
proceedings.

(3) 25A direction under this section may relate to the whole, or to part, of
the proceedings concerned.

85B 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) 30an 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) 35an 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
40(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
5subsection (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) 10A 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
15or 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
20in which the proceedings concerned are being conducted, or

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

85C 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) 25an 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) 30an unauthorised transmission,

of an image of, or sound made by, any person (whether P or another
person) while that person is participating in court 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
35(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)),
40or

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

(4) 45A 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) 5For the purposes of this section a recording or transmission is
“unauthorised” unless it is—

(a) authorised (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 10Interpretation

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

(2) The following expressions have the meanings given—

• “court” means—

  (a)

  15the Court of Appeal;

  (b)

  the High Court;

  (c)

  the Crown Court;

  (d)

  the county court;

  (e)

  the family court;

  (f)

  20a magistrates’ court;

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

• “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
  25purpose of enabling members of the public to see and hear, or
  hear, proceedings that are broadcast in accordance with
  directions under section 85A;

• “recording” means a recording on any medium—

  (a)

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

  (b)

  30from 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) 35A “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
40are 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 section 51 of the
Criminal Justice Act 2003 or any other power, for all of the
persons taking part in the proceedings to do so through a live
45video link, and

(b) all of 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)
5enables 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 under section 51 of the Criminal
Justice Act 2003 for all of the persons taking part in the
10proceedings to do so through a live audio link, and

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

(7) An image or sound is transmitted—

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

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

20First-tier Tribunal and Upper Tribunal

2 After section 29 of the Tribunals, Courts and Enforcement Act 2007 there
were inserted—

““Use of live video or audio links: public participation @AMP@amp; offences of recording etc

29ZA Enabling the public to see and hear proceedings

(1) 25If the First-tier Tribunal or Upper Tribunal directs that tribunal
proceedings are to be conducted wholly as video proceedings, that
Tribunal—

(a) may direct that the proceedings are to be broadcast (in the
manner specified in the direction) for the purpose of enabling
30members 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 Tribunal to keep an audio-visual record of the
proceedings.

(2) 35If 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 specified in the direction) for the purpose of enabling
40members 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) 45A direction under this section may relate to the whole, or to part, of
the proceedings concerned.