Search Legislation

Coronavirus (Recovery and Reform) (Scotland) Act 2022

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Suspension of requirement for physical attendance in criminal proceedings, excluding trials and certain processes

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Coronavirus (Recovery and Reform) (Scotland) Act 2022, Cross Heading: Suspension of requirement for physical attendance in criminal proceedings, excluding trials and certain processes. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Suspension of requirement for physical attendance in criminal proceedings, excluding trials and certain processesS

7(1)This paragraph—S

(a)applies only in relation to criminal proceedings, but

(b)does not apply in relation to—

(i)a hearing in which a person is to give evidence, or

(ii)proceedings in which the only party is a public official as defined in paragraph 9(3).

(2)Any requirement (however expressed) that a person physically attend a court does not apply if—

(a)a determination made by the Lord Justice General states that it does not, and

(b)the court has not directed the person to physically attend.

(3)A determination under sub-paragraph (2)(a)—

(a)may, in particular, disapply a requirement for physical attendance—

(i)in relation to persons or hearings described in the determination,

(ii)by enabling a court to disapply it in circumstances specified in the determination,

(b)may make different provision for different purposes and areas,

(c)may vary or revoke an earlier determination made under the sub-paragraph,

(d)must be made publicly available for so long as it has effect.

(4)The Lord Justice General may make a determination under sub-paragraph (2)(a) disapplying a requirement for physical attendance only if (taking into account the discretion conferred by sub-paragraph (2)(b)), the Lord Justice General is satisfied that it would not—

(a)prejudice the fairness of proceedings, or

(b)otherwise be contrary to the interests of justice.

(5)A direction under sub-paragraph (2)(b)—

(a)may be made by a court on the motion of a party or of its own accord,

(b)may revoke an earlier direction made under the sub-paragraph.

(6)Where, by reason of a determination under sub-paragraph (2)(a), a person is to attend a court hearing by electronic means in accordance with paragraph 8, the court must—

(a)take steps to ensure that the parties are aware of their right to make a motion for a direction under sub-paragraph (2)(b), and

(b)deal with any motion for a direction under that sub-paragraph,

before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.

(7)References in this paragraph to physically attending a court are to be construed in accordance with paragraph 6(12).

Modifications etc. (not altering text)

Commencement Information

I1Sch. para. 7 in force at 1.10.2022, see s. 59(1)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources