SCHEDULES

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

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

2Power to give direction for participation by live link

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.

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.