27.This section applies only to criminal proceedings in which the sole party to the proceedings is a public official (for example, in an application for a warrant which is not intimated on the accused and where the only party is therefore a prosecutor or a constable).
28.By virtue of subsection (2), in proceedings to which this section applies, the default position will be for virtual attendance.
29.Subsection (3) permits the court to direct a person to physically attend the court. However, such a direction can only be made in the circumstances where the court considers that allowing the person to attend by electronic means would prejudice the fairness of proceedings, or would otherwise be contrary to the interests of justice.
30.Subsection (4) provides that this section does not affect any other basis upon which a person need not physically attend a court (see paragraph 25 of these Notes).
31.Subsection (5) confirms that references in this section to physically attending a court are to be construed in accordance with inserted section 303G(5) (see paragraph 26 of these Notes).
Interpretation Part 1: Criminal Justice Modernisation Inserted section 303H – Suspension of requirement for physical attendance in criminal proceedings where only party is a public official