OpenLegislation

Paragraph 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)

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.

Notes on Part 1

Modifications

C1

Sch. 27 Pt. 1 continued until 24.9.2022 (27.1.2022) by The Coronavirus Act 2020 (Extension of Provisions Related to Courts, Tribunals and Inquests) Order (Northern Ireland) 2022 (S.R. 2022/24), arts. 1, 3

C2

Sch. 27 Pt. 1 continued until 24.3.2023 (23.9.2022) by The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) Order (Northern Ireland) 2022 (S.R. 2022/227), art. 2

C3

Sch. 27 Pt. 1 continued until 24.9.2023 (21.3.2023) by The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) Order (Northern Ireland) 2023 (S.R. 2023/46), art. 2

C4

Sch. 27 Pt. 1 continued until 24.3.2024 (11.3.2024) by The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) (No.2) Order (Northern Ireland) 2023 (S.R. 2023/138), art. 2

C5

Sch. 27 Pt. 1 continued until 24.9.2024 (21.3.2024) by The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) Order (Northern Ireland) 2024 (S.R. 2024/72), art. 2

C6

Sch. 27 Pt. 1 continued until 24.3.2025 (20.9.2024) by The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) (No.2) Order (Northern Ireland) 2024 (S.R. 2024/173), art. 2

C7

Sch. 27 Pt. 1 continued until 24.9.2025 (19.3.2025) by The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) Order (Northern Ireland) 2025 (S.R. 2025/61), art. 2

C8

Sch. 27 Pt. 1 continued until 24.3.2026 (22.9.2025) by The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) (No.2) Order (Northern Ireland) 2025 (S.R. 2025/151), art. 2

C9

Sch. 27 Pt. 1 continued until 24.9.2026 (16.3.2026) by The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) Order (Northern Ireland) 2026 (S.R. 2026/55), art. 2

C10

Sch. 27 Pt. 1 continued until 24.3.2027 (17.9.2026) by The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) (No.2) Order (Northern Ireland) 2026 (S.R. 2026/161), art. 2