Search Legislation

Coronavirus Act 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 09/12/2021.

Changes to legislation:

There are currently no known outstanding effects for the Coronavirus Act 2020, SCHEDULE 27. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 57

SCHEDULE 27N.I.Use of live links in legal proceedings: Northern Ireland

This schedule has no associated Explanatory Notes

PART 1N.I.Powers of courts and tribunals to direct use of live links

Proceedings to which this Part of this Schedule appliesN.I.

1(1)This Part of this Schedule applies to any proceedings in a court or statutory tribunal.N.I.

(2)In this Part of this Schedule “court” means—

(a)the Court of Appeal,

(b)the High Court,

(c)the Crown Court,

(d)a county court, or

(e)a magistrates' court.

(3)In this Part of this Schedule “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—

(a)a court, or

(b)any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent.

(4)In this paragraph “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Power to give direction for participation by live linkN.I.

2(1)A person may, if a court or statutory tribunal so directs, participate in any proceedings in the court or tribunal through a live link.N.I.

(2)A direction may not be given under this paragraph as respects a person's participation in proceedings as a member of a jury.

(3)A direction may be given under this paragraph in respect of a person—

(a)of the court or tribunal's own motion,

(b)on application by the person, or

(c)on application by a party to the proceedings.

(4)A court or tribunal may not give a direction under this paragraph unless the court or tribunal is satisfied that it is in the interests of justice to do so.

(5)In deciding whether to give a direction under this paragraph, the court or tribunal must consider all the circumstances of the case.

(6)Those circumstances include (in particular)—

(a)the views of the person;

(b)the views of the parties to the proceedings;

(c)public health interests.

(7)Where a court or tribunal refuses an application for a direction under this paragraph, it must—

(a)state openly its reasons for doing so, and

(b)if it is a magistrates' court, cause the reasons to be entered in the Order Book.

(8)Power of a court or tribunal to give a direction under this paragraph is additional to, and does not limit, any other power of the court or tribunal.

Effect, and rescission, of directionsN.I.

3(1)Where in any proceedings a court or tribunal—N.I.

(a)has given a direction under paragraph 2 in respect of a person, and

(b)has not rescinded the direction,

the person may not participate in the proceedings otherwise than through a live link.

(2)A court or tribunal may rescind a direction under paragraph 2 if it appears to the court or tribunal to be in the interests of justice to do so.

(3)Where it does so, the person concerned ceases to be able to participate in the proceedings through a live link, but this does not prevent a further direction under paragraph 2 being given in the proceedings in respect of the person.

(4)A direction under paragraph 2 in respect of a person may be rescinded—

(a)of the court or tribunal's own motion,

(b)on application by the person, or

(c)on application by a party to the proceedings.

(5)An application may not be made under sub-paragraph (4)(b) or (c) unless there has been a material change of circumstances since the direction was given.

(6)Where a court or tribunal rescinds a direction under paragraph 2, or refuses an application to rescind such a direction, it must—

(a)state openly its reasons for rescinding the direction or refusing the application, and

(b)if it is a magistrates' court, cause the reasons to be entered in the Order Book.

Meaning of references to participation in proceedingsN.I.

4N.I.A reference in this Part of this Schedule to participating in any proceedings includes (in particular) participation—

(a)as a party to the proceedings,

(b)as a witness,

(c)as a judge or other member of the court or tribunal,

(d)as a member of a jury,

(e)as a legal representative acting in the proceedings,

(f)as an interpreter or other person appointed by the court or tribunal to assist in the proceedings,

(g)as the clerk to the court or tribunal, or

(h)as a representative of the press.

Participation by persons outside the United KingdomN.I.

5(1)A direction under paragraph 2 may be given in respect of a person whether the person is in the United Kingdom or elsewhere.N.I.

(2)A statement made on oath by a person outside the United Kingdom and given in evidence through a live link in accordance with a direction under paragraph 2 is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made in the proceedings in which it is given in evidence.

Meaning of “live link”N.I.

6(1)In this Part of this Schedule “live link” means a live video link or a live audio link.N.I.

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

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

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

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

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

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

(4)The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of sub-paragraphs (2) and (3).

Interpretation of this Part of this Schedule: generalN.I.

7N.I.The Interpretation Act (Northern Ireland) 1954 applies for the purposes of the preceding provisions of this Part of this Schedule as if those provisions were contained in an Act of the Northern Ireland Assembly.

PART 2N.I.Public participation in proceedings where live links used

8N.I.The Judicature (Northern Ireland) Act 1978 has effect as if after section 102 there were inserted—

PART 9AN.I.Use of live links in court or tribunal proceedings: public participation & offences of recording etc

102AEnabling the public to see and hear proceedings

(1)If proceedings in a court or statutory tribunal are to be conducted wholly as video proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—

(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 or tribunal to keep an audio-visual record of the proceedings.

(2)If proceedings in a court or statutory tribunal are to be conducted wholly as audio proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—

(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 or tribunal 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.

102BOffences of recording or transmission in relation to broadcasting

(1)It is an offence for a person 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 102A.

(2)It is an offence for a person 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 102A.

(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 recording or transmission of the image or sound concerned, the person—

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

(b)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 102A (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 102A (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 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 102A,

(b)otherwise authorised (generally or specifically) by the court or tribunal in which the proceedings concerned are conducted, or

(c)authorised (generally or specifically) by the Department.

102COffences of recording or transmitting participation through live link

(1)It is an offence for a person 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—

(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 or tribunal proceedings through a live video link or 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 recording or transmission, the person 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 or tribunal proceedings through a live video link or 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 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 tribunal in which the proceedings are conducted, or

(b)authorised (generally or specifically) by the Department.

102DInterpretation of Part 9A

(1)This section applies for the purposes of this Part.

(2)The following expressions have the meanings given—

  • court” means—

    (a)

    the Court of Appeal,

    (b)

    the High Court,

    (c)

    the Crown Court,

    (d)

    a county court, or

    (e)

    a magistrates' court;

  • court or tribunal proceedings” means any proceedings in any court or statutory tribunal;

  • “the Department”—

    (a)

    in relation to a court, means the Department of Justice, and

    (b)

    in relation to a statutory tribunal, means a Northern Ireland department;

  • designated live-streaming premises” means premises that are designated by the Department for the purposes of this section as premises provided by the Department 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 102A;

  • 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;

  • statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—

    (a)

    a court, or

    (b)

    any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent;

  • transmission” means any transmission by electronic means of a single image, a moving image or any sound.

(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 paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live video link, and

(b)all 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, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live audio link, and

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

(7)An image or sound—

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

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

(8)The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of subsections (3) and (5).

PART 3N.I.Availability of live links in certain magistrates' court proceedings in Northern Ireland

9N.I.The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) has effect as if in Part 7 after Article 76 there were inserted—

Availability of live links in certain proceedingsN.I.

76A(1)A person may, if the court so directs, take part in eligible magistrates' court proceedings through—

(a)a live audio link, or

(b)a live video link.

(2)“Eligible magistrates' court proceedings” are—

(a)proceedings on an appeal under paragraph 82 of Schedule 21 to the Coronavirus Act 2020, and

(b)proceedings in relation to an application for a Part 1A order under Part 1A of the Public Health Act (Northern Ireland) 1967.

(3)A direction under this Article may be given for a district judge (magistrates' courts) to take part in the proceedings through a live audio link or a live video link.

(4)A person who takes part in proceedings in accordance with a direction under this Article 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.

(5)Eligible magistrates' court proceedings that are conducted—

(a)wholly as audio proceedings, or

(b)wholly as video proceedings,

are to be regarded as taking place at the location where the district judge (magistrates' courts) takes part in the proceedings.

(6)This Article applies whether the person is in the United Kingdom or elsewhere; and a statement made on oath by a person outside the United Kingdom and given in evidence through a live audio link or live video link in accordance with a direction under this Article is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made in the proceedings in which it is given in evidence.

(7)Paragraphs (8) to (13) apply for the purposes of this Article.

(8)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.

(9)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.

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

(a)directions have been given under this Article for all the persons taking part in the proceedings to do so through a live audio link, and

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

(11)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.

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

(a)directions have been given under this Article for all the persons taking part in the proceedings to do so through a live video link, and

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

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

(a)the applicant;

(b)any person who, in relation to the proceedings, is within Article 76(3)(a);

(c)the district judge (magistrates' courts);

(d)any witness in the proceedings;

(e)any legal representatives acting in the proceedings;

(f)any interpreter or other person appointed by the court to assist in the proceedings;

(g)the clerk of the court;

(h)representatives of the press.

(14)The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of paragraphs (9) and (11).

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

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?

You have chosen to open Schedules only

The Schedules 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.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

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 government department responsible for the subject matter of the Act 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 Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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