{
  "url": "https://openlegislation.uk/coronavirus-recovery-and-reform-scotland-act-2022/schedule/paragraph-7",
  "json_url": "https://openlegislation.uk/coronavirus-recovery-and-reform-scotland-act-2022/schedule/paragraph-7.json",
  "legislation": "asp/2022/8",
  "legislation_title": "Coronavirus (Recovery and Reform) (Scotland) Act 2022",
  "legislation_url": "https://openlegislation.uk/coronavirus-recovery-and-reform-scotland-act-2022",
  "path": "schedule/paragraph/7",
  "kind": "paragraph",
  "number": "7",
  "heading": null,
  "text": "(1) This paragraph—\n(a) applies only in relation to criminal proceedings, but\n(b) does not apply in relation to—\n(i) a hearing in which a person is to give evidence, or\n(ii) proceedings in which the only party is a public official as defined in paragraph 9(3).\n(2) Any requirement (however expressed) that a person physically attend a court does not apply if—\n(a) a determination made by the Lord Justice General states that it does not, and\n(b) the court has not directed the person to physically attend.\n(3) A determination under sub-paragraph (2)(a)—\n(a) may, in particular, disapply a requirement for physical attendance—\n(i) in relation to persons or hearings described in the determination,\n(ii) by enabling a court to disapply it in circumstances specified in the determination,\n(b) may make different provision for different purposes and areas,\n(c) may vary or revoke an earlier determination made under the sub-paragraph,\n(d) must be made publicly available for so long as it has effect.\n(4) The Lord Justice General may make a determination under sub-paragraph (2)(a) disapplying a requirement for physical attendance only if (taking into account the discretion conferred by sub-paragraph (2)(b)), the Lord Justice General is satisfied that it would not—\n(a) prejudice the fairness of proceedings, or\n(b) otherwise be contrary to the interests of justice.\n(5) A direction under sub-paragraph (2)(b)—\n(a) may be made by a court on the motion of a party or of its own accord,\n(b) may revoke an earlier direction made under the sub-paragraph.\n(6) Where, by reason of a determination under sub-paragraph (2)(a), a person is to attend a court hearing by electronic means in accordance with paragraph 8, the court must—\n(a) take steps to ensure that the parties are aware of their right to make a motion for a direction under sub-paragraph (2)(b), and\n(b) deal with any motion for a direction under that sub-paragraph,\nbefore dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.\n(7) References in this paragraph to physically attending a court are to be construed in accordance with paragraph 6(12).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Sch. para. 7 continued until 30.11.2024 (30.11.2023) by virtue of The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023 (S.S.I. 2023/360), regs. 1(3), 3(2)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Sch. para. 7 continued until 30.11.2025 (30.11.2024) by The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension of Temporary Justice Measures) Regulations 2024 (S.S.I. 2024/322), regs. 1(2), 2(2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. para. 7 in force at 1.10.2022, see s. 59(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2022/8/schedule/paragraph/7",
    "retrieved_at": "2026-10-29T20:12:20.883893+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}