Section 303J Suspension of requirement for physical attendance in other criminal hearings or proceedingsF1

(1)

This section applies in relation to any criminal proceedings other than—

(a)

a hearing to which section 303G applies, or

(b)

proceedings to which section 303H applies.

(2)

Any requirement (however expressed) that a person physically attend a court does not apply if—

(a)

a determination made by the Lord Justice General states that it does not, and

(b)

the court has not directed the person to physically attend.

(3)

A determination under subsection (2)(a)—

(a)

may, in particular, disapply a requirement for physical attendance—

(i)

in relation to persons, hearings or proceedings described in the determination,

(ii)

by enabling a court to disapply it in circumstances specified in the determination,

(b)

may make different provision for—

(i)

different purposes,

(ii)

different areas,

(c)

may be varied or revoked,

(d)

must set out the reason for making the determination,

(e)

must be made publicly available for so long as it has effect.

(4)

The Lord Justice General may make a determination under subsection (2)(a) disapplying a requirement for physical attendance only if (taking into account the discretion conferred by subsection (2)(b)), the Lord Justice General is satisfied that it would not—

(a)

prejudice the fairness of proceedings, or

(b)

otherwise be contrary to the interests of justice.

(5)

A direction under subsection (2)(b)—

(a)

may be issued by a court on the motion of a party or of its own accord,

(b)

may be revoked.

(6)

Where, by reason of a determination under subsection (2)(a), a person is to attend a court hearing by electronic means in accordance with section 303K, the court must—

(a)

take steps to ensure that the parties are aware of their right to make a motion for a direction under subsection (2)(b), and

(b)

deal with any motion for a direction under that subsection,

before 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.

(7)

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

(8)

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)