Section 303G Suspension of requirement for physical attendance in criminal trialsF1

(1)

This section applies in relation to a hearing in criminal proceedings in which—

(a)

a person is to give evidence, and

(b)

section 303H does not apply.

(2)

A court may disapply any requirement (however expressed) that a person physically attend the court by directing that the person need not do so.

(3)

A court may disapply a requirement for a person’s physical attendance under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance with section 303K would not—

(a)

prejudice the fairness of the proceedings, or

(b)

otherwise be contrary to the interests of justice.

(4)

Nothing in this section affects any other basis upon which a person need not physically attend a court.

(5)

References in this section to physically attending a court are to—

(a)

being in a particular place, or

(b)

being in the same place as another person,

for the purpose of any proceedings before a court or an office holder of a court.

Annotations

Textual amendments

F1: Ss. 303G-303M and cross-heading inserted (1.12.2025) by Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025 (asp 14), ss. 2(2), 34(2)(3)(b)