Policy background Procedures in Courts and Tribunals Transmission and recording of court and tribunal proceedings
In criminal proceedings, the courts have a duty to deal with cases effectively and expeditiously and that includes making use of technology such as live video and audio links ("live links") where it is in the interests of justice to do so. Live links have been increasingly used across the courts, enabling greater participation in proceedings from remote locations, particularly during the current pandemic.
	These provisions replace the current temporary provisions in the Coronavirus Act 2020, simplifying the regime and making it clear that a jury as a panel can participate in a trial (but only by live video link). Live links will make proceedings in criminal cases more efficient for all parties by reducing delay and unnecessary travel and the need for physical appearances at court, save where the interests of justice require it.
	Further measures focus on permitting and facilitating the remote observation of proceedings across all courts and tribunals using video and audio links in order to uphold the principle of open justice. These measures will enable any court, tribunal or other body exercising the judicial power of the State (with the exception of the Supreme Court and devolved courts or tribunals) to provide transmissions of proceedings, by audio or video live link, either to designated premises or to individuals who have requested access and have identified themselves to the court or tribunal. Once enabled in secondary legislation these powers may allow open justice to be upheld in this way in various types of hearings: e.g. wholly remote hearings; hybrid hearings (i.e. those taking place in a court room with some participants joining via audio or video links), and traditional (wholly in-person) hearings. This secondary legislation will be made by the Lord Chancellor in concurrence with the Lord Chief Justice or the Senior President of Tribunals, or both, as appropriate.
	This legislation will also provide safeguards which prohibit observers or participants from making unauthorised recordings or transmissions of proceedings which involve live links or transmissions. Courts and tribunals will be enabled to make audio or audio-visual recordings of all types of proceedings for their own use. This legislation makes permanent and expands the temporary provisions in the Coronavirus Act 2020 so that the power to direct transmissions, and the associated protections, are applicable for all courts and tribunals (except the Supreme Court and devolved tribunals).