45.Subsection (1) provides that a person excused from physically attending a court under section 303G, 303H, or 303J must instead appear by electronic means in accordance with a direction issued by the court.
46.Subsection (2) provides that where a person fails to attend court by electronic means in accordance with such a direction, they are to be regarded as having failed to comply with the requirement to physically attend from which they were excused under section 303G, 303H or 303J.
47.Subsection (3) provides that directions under subsection (1) must set out how the person is to appear by electronic means before the court or office holder, including what requirements must be satisfied by the location the person is to appear from. This is about specifying the criteria that must be met by a location, rather than specifying the location itself. For example, these requirements could include expectations regarding the privacy or formality of the location. The directions may also include any other provision which the court considers appropriate, and may be issued by the court on the motion of a party or of its own accord.
48.Subsection (4) provides that a court may vary or revoke a direction made under subsection (1).
49.Subsection (5)0 provides that before issuing or revoking a direction under subsection (1), the court must give all parties to the proceedings an opportunity to make representations. It further requires the court to have regard to any guidance issued by the Lord Justice General.
50.Subsection (6) qualifies subsection (5), in providing that the first direction issued under subsection (1) in relation to a hearing or proceedings can be issued without giving the parties an opportunity to make representations first. This means that a court can initially tell individuals how they are to appear before it. Where a court proceeds in that way, subsection (7) requires the court to ensure that parties know they can ask the court to change the way that it has asked an individual to attend, or to revoke the direction altogether, and if a party makes that request the court must consider it before dealing with any substantive matters at the hearing. However, the court does not have to consider such a request before dealing with a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing can practically be arranged.
51.Subsection (8) requires that directions issued under subsection (1) which direct how a party to trial proceedings, including an accused person, is to attend using electronic means, must ensure that such means enable the party to both see and hear all of the other participants in a hearing including any witness who is giving evidence. A direction to a witness who is giving evidence at a trial using electronic means must enable all of the other participants in the trial, which includes an accused person, to both see and hear the witness. Any direction by a court which is not in relation to trial proceedings is not subject to such specific requirements.
52.Subsection (9) provides that directions made under subsection (8) cannot enable a person to see or hear a witness in any way that measures taken in accordance with an order of the court, such as measures in relation to a vulnerable witness, would otherwise prevent.
Interpretation Part 1: Criminal Justice Modernisation Inserted Section 303K – Attending by electronic means