32.This section makes further provision about directions issued under inserted sections 303G and 303H.
33.Subsection (1) provides that a court may issue a direction under sections 303G and 303H on the motion of a party or of its own accord.
34.Subsection (2) confirms that the power to issue a direction under sections 303G and 303H also includes the power to revoke an earlier direction made under the respective section.
35.Subsection (3) provides that the court must, in considering whether to issue or revoke a direction made under section 303G or 303H, 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 when considering whether to issue or revoke a direction.
36.Subsection (4) qualifies subsection (3), in providing that the first direction made under section 303G in relation to a hearing, or under section 303H in relation to 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 (5) requires the court to ensure that the parties know they can ask the court to change the way that it has asked an individual to attend, and if a party makes such a 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 the court to deal with before another hearing can practically be arranged.
Interpretation Part 1: Criminal Justice Modernisation Inserted section 303I – Directions under sections 303G and 303H