Section 303K Attending by electronic meansF1
A person excused from a requirement to physically attend a court by virtue of section 303G(2), 303H(2) or 303J(2)(a) must instead appear before the court or office holder (as the case may be) by electronic means in accordance with a direction issued by the court.
A person who fails to do so is to be regarded as having failed to comply with the requirement to physically attend from which the person is excused.
A direction under subsection (1)—
is to set out how the person is to appear by electronic means before the court or office holder, including what requirements must be satisfied by the location from which the person is to appear,
may include any other provision which the court considers appropriate,
may be made by a court on the motion of a party or of its own accord.
The power to issue a direction under subsection (1) includes the power to vary or revoke an earlier direction issued under that subsection.
Before issuing a direction under subsection (1), the court must—
give all parties an opportunity to make representations (subject to subsection (6)), and
have regard to any guidance issued by the Lord Justice General.
The court may, of its own accord, issue the first direction under subsection (1) in relation to a hearing or proceedings without having given the parties an opportunity to make representations.
Where a direction is issued as described in subsection (6), the court must—
take steps to ensure that the parties are aware of their right to make a motion for the variation or revocation of the direction, and
deal with any motion for the variation or revocation of the direction,
before taking a decision about any other matter at the hearing, other than a decision to adjourn, a decision in respect of a motion for a direction under section 303G, 303H or 303J or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.
A direction under subsection (1) setting out—
how a party to proceedings is to attend by electronic means a hearing in which a person is to give evidence, must provide for the party to use means that enable the party to both see and hear all of the other parties, the judge and (where applicable) the jury and any witness who is giving evidence,
how a witness who is to give evidence at a hearing is to attend by electronic means, must provide for the witness to use means that enable all of the parties, the judge and (where applicable) the jury to both see and hear the witness.
Nothing in subsection (8) is to be taken to mean that a person is to be enabled to see or hear a witness in a way that measures taken in accordance with an order of the court would otherwise prevent.
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)