SCHEDULES

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

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

Modifications etc. (not altering text)

C1 Sch. 27 Pt. 2 continued until 24.9.2022 (27.1.2022) by The Coronavirus Act 2020 (Extension of Provisions Related to Courts, Tribunals and Inquests) Order (Northern Ireland) 2022 (S.R. 2022/24), arts. 1, 3

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

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

102A Enabling 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.

102B Offences 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.

102C Offences 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.

102D Interpretation 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).”