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Section 303H Suspension of requirement for physical attendance in criminal proceedings where only party is a public officialF1

(1)

This section applies in relation to criminal proceedings in which the only party is a public official.

(2)

Any requirement (however expressed) that a person physically attend a court does not apply, unless the court directs the person to physically attend.

(3)

A court may direct a person to physically attend under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance with section 303K would—

(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 be construed in accordance with section 303G(5).

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)