Courts Act 2003

[F1 85D Interpretation E+W

(1) This section applies for the purposes of sections 85A to 85C (and this section).

(2) The following expressions have the meanings given—

• “court” means—

  (a)

  the Court of Appeal;

  (b)

  the High Court;

  (c)

  the Crown Court;

  (d)

  the county court;

  (e)

  the family court;

  (f)

  a magistrates' court;

• “court proceedings” means any proceedings in any court;

• “designated live-streaming premises” means premises that are designated by the Lord Chancellor for the purposes of this section as premises provided by the Lord Chancellor for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 85A;

• “recording” means a recording on any medium—

  (a)

  of a single image, a moving image or any sound, or

  (b)

  from which a single image, a moving image or any sound may be produced or reproduced;

• “transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).

(3) A “live video link”, in relation to a person (P) taking part in proceedings, is a live television link or other arrangement which—

(a) enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and

(b) enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.

(4) Proceedings are conducted wholly as video proceedings if—

(a) directions have been given, whether under section 51 of the Criminal Justice Act 2003 or any other power, for all of the persons taking part in the proceedings to do so through a live video link, and

(b) all of those persons take part in the proceedings in accordance with those directions.

(5) A “live audio link”, in relation to a person (P) taking part in proceedings, is a live telephone link or other arrangement which—

(a) enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and

(b) enables all other persons taking part in the proceedings who are not in the same location as P to hear P.

(6) Proceedings are conducted wholly as audio proceedings if—

(a) directions have been given under section 51 of the Criminal Justice Act 2003 for all of the persons taking part in the proceedings to do so through a live audio link, and

(b) all of those persons take part in the proceedings in accordance with those directions.

(7) An image or sound is transmitted—

(a) through a live video link if it is transmitted as part of a person's participation in court proceedings through a live video link;

(b) through a live audio link if it is transmitted as part of a person's participation in court proceedings through a live audio link.]

Textual Amendments

F1 Ss. 85A-85D and cross-heading inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 25 para. 1 (with ss. 88-90) (which affecting provision is continued until 25.9.2022 by S.I. 2022/362, regs. 1(2), 2; but then repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 201(2), 208(1))