22.This section applies only to hearings in criminal proceedings in which a person is to give evidence. By virtue of subsection (1)(b), this section does not apply where the only party to the proceedings is a public official such as a prosecutor (see paragraph 27 of these Notes for further discussion).
23.In the circumstances where subsection (1) applies, the default position will be for in-person attendance at court. However, by virtue of subsection (2), the court may disapply any requirement (however expressed) that a person attend a court by issuing a direction stating that the person need not do so.
24.Subsection (3) sets the test for this disapplication, being that the court must be satisfied that allowing the person to attend by electronic means would not prejudice the fairness of proceedings, or otherwise be contrary to the interests of justice.
25.Subsection (4) notes that this section does not affect any other basis upon which a person need not physically attend a court. For example, where a person qualifies as a “vulnerable witness” under section 271 of the 1995 Act, the court may opt to continue to apply the bespoke provisions for their attendance to the hearing in question, rather than those under this section.
26.Subsection (5) provides that references in this section to physically attending a court are to being in a particular place or before a particular person, for the purpose of any “proceedings” (defined in inserted section 303O) before a court or an office holder of a court. The effect of this provision is that applications for warrants, which take place in a judge’s chambers, would be included in a reference to physically attending a court.
Interpretation Part 1: Criminal Justice Modernisation Inserted section 303G – Suspension of requirement for physical attendance in criminal trials