Availability of live links in certain proceedings76A

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).