Coronavirus Bill (HC Bill 122)

29ZB 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) an unauthorised transmission,

5of an image or sound which is being broadcast in accordance with a
direction under section 29ZA.

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

(a) an unauthorised recording, or

(b) an unauthorised transmission,

10of 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 29ZA.

(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
15recording 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
20section 29ZA (in the case of an offence under
subsection (1)), or

(ii) an 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
25section 29ZA (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
30making, 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) 35authorised by a direction under section 29ZA,

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

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

29ZC 40Offences 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) an unauthorised transmission,

of an image or sound which is being transmitted through a live video
45link 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) an 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
5through a live video link or a 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 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) 10was 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 tribunal proceedings through a
15live 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) For the purposes of this section it does not matter whether a person
20making, 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) 25authorised (generally or specifically) by the Tribunal in
which the proceedings concerned are being conducted, or

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

29ZD Interpretation

(1) This section applies for the purposes of sections 29ZA to 29ZC (and
30this section).

(2) The following expressions have the meanings given—

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

• “designated live-streaming premises” means premises that are
  35designated 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
  directions under section 29ZA;

• 40“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;

• “transmission” means any transmission by electronic means of
  45a single image, a moving image or any sound (and
  “transmitted” is to be construed accordingly).

(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) 5Proceedings are conducted wholly as video proceedings if—

(a) directions have been given for all of the persons taking part
in the proceedings to do so through a live video link, and

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

(5) 10A “live audio link”, in relation to a person (P) taking part in
proceedings, is 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
15are not in the same location as P to hear P.

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

(a) directions have been given for all of the persons taking part
in the proceedings to do so through a live audio link, and

(b) all of those persons take part in the proceedings in
20accordance with those directions.

(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
video link;

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

Section 54

SCHEDULE 25 Live links in certain magistrates’ court proceedings

30The Magistrates’ Courts Act 1980 has effect as if after section 57 there were
inserted—

““Use of live links in certain proceedings

57ZA Use of live links in appeals against requirements or restrictions
imposed on a potentially infectious person

(1) 35This section and sections 57ZB to 57ZF apply in relation to
proceedings on an appeal under paragraph 17(1) of Schedule 20 to
the Coronavirus Act 2020 (appeal against requirement or restriction
imposed on potentially infectious person).

(2) The proceedings are to be conducted wholly as video proceedings
40unless the court directs otherwise under subsection (3).

(3) The court must, where it considers that it would be contrary to the
interests of justice not to do so, direct that one or more persons taking
part in the proceedings—

(a) is not to take part in all or any part of the proceedings
5through a live video link;

(b) is to take part in all or any part of the proceedings through a
live audio link.

(4) The court’s power to make a direction under subsection (3) may be
exercised by—

(a) 10a single justice;

(b) an authorised court officer.

(5) In subsection (4)(b), an “authorised court officer” means a person
who—

(a) is an authorised person for the purposes of Part 6A of the
15Courts Act 2003 (see section 67B(3) of that Act), and

(b) has a qualification specified in regulation 2 of the Authorised
Court Staff (Legal Advice Functions) Qualifications
Regulations 2020 (S.I. 2020/98).

57ZB Use of live links: supplementary provision

(1) 20A person who takes part in proceedings through a live video link or
a live audio link is to be treated as—

(a) complying with any requirement (however imposed or
expressed) for that person to attend or appear before the
court for the purposes of that participation in those
25proceedings, and

(b) present in court for the purposes of those proceedings.

(2) Proceedings that are conducted—

(a) wholly as video proceedings, or

(b) wholly as audio proceedings,

30are to be regarded as taking place at the location where the justice or
justices take part in the proceedings.

(3) A statement made on oath by a witness outside the United Kingdom
and given in evidence through a live video link or a live audio link is
to be treated for the purposes of section 1 of the Perjury Act 1911 as
35having been made in the proceedings in which it is given in evidence.

57ZC Enabling the public to see and hear proceedings

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

(a) may direct that the proceedings are to be broadcast (in the
40manner 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
45proceedings.

(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
members of the public to hear the proceedings;

(b) may direct that a recording of the proceedings is to be made
5(in the manner specified in the direction) for the purpose of
enabling the court 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.

(4) 10The court’s power under this section may be exercised by a single
justice.

57ZD 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) 15an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a
direction under section 57ZC.

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

(a) an unauthorised recording, or

(b) 20an 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 57ZC.

(3) It is a defence for a person charged with an offence under subsection
25(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) 30being broadcast in accordance with a direction under
section 57ZC (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
35accordance with a direction under section 57ZC (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
40making, 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) 45authorised by a direction under section 57ZC,

(b) otherwise authorised (generally or specifically) by the court,
or

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

(7) The court’s power under subsection (6)(b) may be exercised by a
single justice.

57ZE Offences of recording or transmitting participation through live links

(1) 5It 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 transmitted through a live video
link or transmitted through a live audio link.

(2) 10It is an offence for a person (P) to make, or attempt 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 proceedings
15through a live video link or a 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 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) 20was 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 proceedings through a live
25video 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) For the purposes of this section it does not matter whether a person
30making, 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) 35authorised (generally or specifically) by the court, or

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

(7) The court’s power under subsection (6)(a) may be exercised by a
single justice.

57ZF Interpretation

(1) 40This section applies for the purposes of sections 57ZA to 57ZE (and
this section).

(2) Proceedings are conducted wholly as video proceedings where all of
the persons taking part in the proceedings do so through a live video
link.

(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) 5enables all other persons taking part in the proceedings who
are not in the same location as P to see and hear P,

(ignoring for these purposes the extent (if any) to which a person is
unable to see or hear by reason of any impairment of eyesight or
hearing).

(4) 10Proceedings are conducted wholly as audio proceedings if all of the
persons taking part in the proceedings do so through a live audio
link.

(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) 15enables 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,

(ignoring for these purposes the extent (if any) to which a person is
20unable to hear by reason of any impairment of hearing).

(6) A reference to a person taking part in proceedings includes—

(a) giving evidence in the proceedings, and

(b) attending the proceedings when not giving evidence.

(7) A reference to the persons taking part in proceedings includes—

(a) 25the complainant,

(b) the defendant,

(c) the justices,

(d) any person acting as justices’ clerk or assistant to a justices’
clerk or providing legal advice to the justices pursuant to an
30authorisation under section 28 of the Courts Act 2003,

(e) any witnesses in the proceedings,

(f) any legal representatives acting in the proceedings, and

(g) any interpreter or other person appointed by the court to
assist in the proceedings.

(8) 35The following expressions have the meanings given—

• “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
  40hear, proceedings that are broadcast in accordance with
  directions under section 57ZC;

• “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
  45sound 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).

(9) 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) 5through a live audio link if it is transmitted as part of a
person’s participation in court proceedings through a live
audio link.”

Section 55

SCHEDULE 26 Use of live links in legal proceedings: Northern Ireland

10Part 1 Powers of courts and tribunals to direct use of live links

Proceedings to which this Part of this Schedule applies

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

(2) 15In 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) 20a 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) 25any 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.

30Power to give direction for participation by live link

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.

(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) 35A 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) 5Those 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
10paragraph, 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
15additional to, and does not limit, any other power of the court or tribunal.

Effect, and rescission, of directions

3 (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,

20the 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
25proceedings 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) 30on 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
35an 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.

40Meaning of references to participation in proceedings

4 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) 5as 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 Kingdom

5 (1) 10A direction under paragraph 2 may be given in respect of a person whether
the person is in the United Kingdom or elsewhere.

(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
15(Northern Ireland) Order 1979 as having been made in the proceedings in
which it is given in evidence.

Meaning of “live link”

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

(2) 20A “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
25not 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) 30enables 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).

35Interpretation of this Part of this Schedule: general

7 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 2 40Public participation in proceedings where live links used

8 The Judicature (Northern Ireland) Act 1978 has effect as if after section 102