Coronavirus Act 2020

Section 56

SCHEDULE 26 Live links in certain magistrates’ court proceedings

The Magistrates’ Courts Act 1980 has effect as if after section 57 there were inserted—

“Use of live links in certain proceedings

57ZA Use of live links in appeals against requirements or restrictions imposed on a potentially infectious person

(1) This section and sections 57ZB to 57ZF apply in relation to proceedings on an appeal under paragraph 17(1) or 61(1) of Schedule 21 to the Coronavirus Act 2020 (appeal against requirement or restriction imposed on potentially infectious person).

(2) The proceedings are to be conducted wholly as video proceedings unless the court directs otherwise under subsection (3).

(3) The court must, where it considers that it would be contrary to the interests of justice not to do so, direct that one or more persons taking part in the proceedings—

(a) is not to take part in all or any part of the proceedings through a live video link;

(b) is to take part in all or any part of the proceedings through a live audio link.

(4) The court’s power to make a direction under subsection (3) may be exercised by—

(a) a single justice;

(b) an authorised court officer.

(5) In subsection (4)(b), an “authorised court officer” means a person who—

(a) is an authorised person for the purposes of Part 6A of the Courts Act 2003 (see section 67B(3) of that Act), and

(b) has a qualification specified in regulation 2 of the Authorised Court Staff (Legal Advice Functions) Qualifications Regulations 2020 (S.I. 2020/98).

57ZB Use of live links: supplementary provision

(1) A person who takes part in proceedings through a live video link or a live audio link is to be treated as—

(a) complying with any requirement (however imposed or expressed) for that person to attend or appear before the court for the purposes of that participation in those proceedings, and

(b) present in court for the purposes of those proceedings.

(2) Proceedings that are conducted—

(a) wholly as video proceedings, or

(b) wholly as audio proceedings,

are to be regarded as taking place at the location where the justice or justices take part in the proceedings.

(3) A statement made on oath by a witness outside the United Kingdom and given in evidence through a live video link or a live audio link is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

57ZC Enabling the public to see and hear proceedings

(1) If the proceedings are to be conducted wholly as video proceedings, the court—

(a) may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;

(b) may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court to keep an audio-visual record of the proceedings.

(2) If the court directs that proceedings are to be conducted wholly as audio proceedings, the court—

(a) may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;

(b) may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court to keep an audio record of the proceedings.

(3) A direction under this section may relate to the whole, or to part, of the proceedings concerned.

(4) The court’s power under this section may be exercised by a single justice.

57ZD Offences of recording or transmission in relation to broadcasting

(1) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a direction under section 57ZC.

(2) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 57ZC.

(3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission of the image or sound concerned—

(a) he or she was not in designated live-streaming premises, and

(b) he or she did not know, and could not reasonably have known, that the image or sound was—

(i) being broadcast in accordance with a direction under section 57ZC (in the case of an offence under subsection (1)), or

(ii) an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 57ZC (in the case of an offence under subsection (2)).

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

(6) For the purposes of this section a recording or transmission is “unauthorised” unless it is—

(a) authorised by a direction under section 57ZC,

(b) otherwise authorised (generally or specifically) by the court, or

(c) authorised (generally or specifically) by the Lord Chancellor.

(7) The court’s power under subsection (6)(b) may be exercised by a single justice.

57ZE Offences of recording or transmitting participation through live links

(1) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.

(2) It is an offence for a person (P) to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image of, or sound made by, any person (whether P or another person) while that person is participating in court proceedings through a live video link or a live audio link.

(3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission, he or she did not know, and could not reasonably have known, that the image or sound concerned—

(a) was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or

(b) was an image of, or sound made by, a person while that person was participating in court proceedings through a live video link or a live audio link (in the case of an offence under subsection (2)).

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

(6) For the purposes of this section a recording or transmission is “unauthorised” unless it is—

(a) authorised (generally or specifically) by the court, or

(b) authorised (generally or specifically) by the Lord Chancellor.

(7) The court’s power under subsection (6)(a) may be exercised by a single justice.

57ZF Interpretation

(1) This section applies for the purposes of sections 57ZA to 57ZE (and this section).

(2) Proceedings are conducted wholly as video proceedings where all of the persons taking part in the proceedings do so through a live video link.

(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,

(ignoring for these purposes the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing).

(4) Proceedings are conducted wholly as audio proceedings if all of the persons taking part in the proceedings do so through a live audio link.

(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,

(ignoring for these purposes the extent (if any) to which a person is unable to hear by reason of any impairment of hearing).

(6) A reference to a person taking part in proceedings includes—

(a) giving evidence in the proceedings, and

(b) attending the proceedings when not giving evidence.

(7) A reference to the persons taking part in proceedings includes—

(a) the complainant,

(b) the defendant,

(c) the justices,

(d) any person acting as justices’ clerk or assistant to a justices’ clerk or providing legal advice to the justices pursuant to an authorisation under section 28 of the Courts Act 2003,

(e) any witnesses in the proceedings,

(f) any legal representatives acting in the proceedings, and

(g) any interpreter or other person appointed by the court to assist in the proceedings.

(8) The following expressions have the meanings given—

• “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 57ZC;

• “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).

(9) 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.”