- Latest available (Revised)
- Point in Time (22/03/2021)
- Original (As enacted)
Version Superseded: 27/01/2022
Point in time view as at 22/03/2021.
There are currently no known outstanding effects for the Coronavirus Act 2020,
PART 1
.
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.
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.
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.
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.
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.
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.
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).
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.
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: