Magistrates’ Courts Act 1980

[F1 57ZF Interpretation E+W

(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.]

Textual Amendments

F1 Ss. 57ZA-57ZF and cross-heading inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 26 (with ss. 88-90) (which affecting provision expires (10.12.2021) by virtue of The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (S.I. 2021/1399), regs. 1(2), 4)