Search Legislation

Criminal Justice (Scotland) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 110

 Help about opening options

Changes to legislation:

Criminal Justice (Scotland) Act 2016, Section 110 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 110:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

110Live television linksS
This section has no associated Explanatory Notes

(1)After section 288G of the 1995 Act there is inserted—

Use of live television linkS
288HParticipation through live television link

(1)Where the court so determines at any time before or at a specified hearing, a detained person is to participate in the hearing by means of a live television link.

(2)The court—

(a)must give the parties in the case an opportunity to make representations before making a determination under subsection (1),

(b)may make such a determination only if it considers that to do so is not contrary to the interests of justice.

(3)The court may require a detained person to participate by means of a live television link in any proceedings at a specified hearing or otherwise in the case for the sole purpose of considering whether to make a determination under subsection (1) with respect to a specified hearing.

(4)Where a detained person participates in any specified hearing or other proceedings by means of a live television link—

(a)a place of detention is, for the purposes of the hearing or other proceedings, deemed to be part of the court-room, and

(b)accordingly, the hearing is or other proceedings are deemed to take place in the presence of the detained person.

(5)In this section—

  • court-room” includes chambers,

  • live television link” means live television link between a place of detention and the court-room in which any specified hearing is or other proceedings are to be held or (as the case may be) any specified hearing is or other proceedings are being held.

288IEvidence and personal appearance

(1)No evidence as to a charge on any complaint or indictment may be led or presented at a specified hearing in respect of which there is a determination under section 288H(1).

(2)The court—

(a)may, at any time before or at a specified hearing, revoke a determination under section 288H(1),

(b)must do so in relation to a detained person if it considers that it is in the interests of justice for the detained person to appear in person.

(3)The court may postpone a specified hearing to a later day if, on the day on which a specified hearing takes place or is due to take place—

(a)the court decides not to make a determination under section 288H(1) with respect to the hearing, or

(b)the court revokes such a determination under subsection (2).

288JEffect of postponement

(1)Except where a postponement under section 288I(3) is while section 21(2) of the Criminal Justice (Scotland) Act 2016 applies to a detained person, the following do not count towards any time limit arising in the person's case if the postponement in the case is to the next day on which the court is sitting—

(a)that next day,

(b)any intervening Saturday, Sunday or court holiday.

(2)Even while section 21(2) of the Criminal Justice (Scotland) Act 2016 applies to a detained person, that section does not prevent a postponement under section 288I(3) in the person's case.

(3)In section 288I and this section, “postpone” includes adjourn.

288KSpecified hearings

(1)The Lord Justice General may by directions specify types of hearing at the High Court, sheriff court and JP court in which a detained person may participate in accordance with section 288H(1).

(2)Directions under subsection (1) may specify types of hearing by reference to—

(a)the venues at which they take place,

(b)particular places of detention,

(c)categories of cases or proceedings to which they relate.

(3)Directions under subsection (1) may—

(a)vary or revoke earlier such directions,

(b)make different provision for different purposes.

(4)The validity of any proceedings is not affected by the participation of a detained person by means of a live television link in a hearing that is not a specified hearing.

(5)In this section, “hearing” includes any diet or hearing in criminal proceedings which may be held in the presence of an accused, a convicted person or an appellant in the proceedings.

288LDefined terms

For the purpose of sections 288H to 288K—

  • detained person” means person who is—

    (a)

    an accused, a convicted person or an appellant in the case to which a specified hearing relates, and

    (b)

    imprisoned or otherwise lawfully detained (whether or not in connection with an offence) at any place in Scotland,

  • place of detention” means place in which a detained person is imprisoned or detained,

  • specified hearing” means hearing of a type specified in directions having effect for the time being under section 288K..

(2)In addition—

(a)in section 117 (presence of appellant or applicant at hearing) of the 1995 Act—

(i)subsection (6) is repealed,

(ii)in subsection (7), for the word “(6)” there is substituted “ (5) ”,

(b)section 80 of the Criminal Justice (Scotland) Act 2003 is repealed.

Commencement Information

I1S. 110(1)(2)(b) in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 10)

I2S. 110(2)(a) in force at 17.1.2017 by S.S.I. 2016/426, art. 2, sch.

Back to top

Options/Help

Print Options

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources