Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020
|
Certain applications to court in criminal proceedings to be heard using live video link | ||
|
23. (1) This section applies to an application to a court in criminal proceedings (in this section referred to as a “relevant application”) where— | ||
(a) the application is of a type specified in subsection (2), | ||
(b) the application is made or to be made by or on behalf of the Director of Public Prosecutions or the relevant person, and | ||
(c) the relevant person is legally represented, has obtained legal advice or has been given the opportunity of obtaining, or being provided with, such advice. | ||
(2) The following types of applications (other than an application under subsection (4), (8) or (10)) are specified for the purposes of subsection (1): | ||
(a) an application for bail or free legal aid; | ||
(b) in relation to proceedings on indictment, an application relating to and including the sentencing of the relevant person or any other application except— | ||
(i) an application made at the commencement of, or during, the trial, | ||
(ii) any other application that appears to the court to require the presence of the relevant person at the hearing, including— | ||
(I) an application relating to the capacity of the relevant person to stand trial, or | ||
(II) an application to dismiss the charges against the relevant person on the ground that there is not sufficient evidence to put him or her on trial; | ||
(c) in relation to proceedings in the District Court— | ||
(i) any other application in the proceedings prior to the hearing date, | ||
(ii) an application relating to and including the sentencing of the relevant person, or | ||
(iii) an application relating to the sending forward of the relevant person for trial or sentence from the District Court; | ||
(d) in relation to appeals from the District Court to the Circuit Court— | ||
(i) any other application in the proceedings prior to the hearing date, or | ||
(ii) an application relating to and including the sentencing of the relevant person; | ||
(e) any application in appeal proceedings (other than an appeal referred to in paragraph (d)) or any subsequent proceedings. | ||
(3) A court may, of its own motion, on being satisfied that it is not contrary to the interests of justice, direct that— | ||
(a) all relevant applications of a type or a class that is specified in the direction, or | ||
(b) all relevant applications in relation to which the relevant person is of a class specified in the direction, | ||
shall be heard with the relevant person appearing using a live video link between the court and the place where the relevant person is located. | ||
(4) A relevant application to which a direction under subsection (3) does not apply may be heard with the relevant person appearing using a live video link between the court and the place where the relevant person is located, if the court so directs, whether on application to it or of its own motion, on being satisfied that— | ||
(a) the application being heard without the relevant person being present in court would not thereby be prejudicial to the relevant person, | ||
(b) the interests of justice do not require the presence of the relevant person at the hearing, | ||
(c) the facilities provided by a live video link between the court and the place where the relevant person is located are such as to enable such interpretation or translation as may be necessary during the hearing, | ||
(d) the relevant person and his or her legal representative are able to communicate in confidence during the hearing, | ||
(e) the application being heard without the relevant person being present in court is otherwise appropriate having regard to— | ||
(i) the nature of the application, | ||
(ii) the complexity of the hearing, | ||
(iii) the age of the relevant person, and | ||
(iv) his or her mental capacity, | ||
and | ||
(f) no other circumstances exist that warrant the relevant person’s presence in court for the hearing. | ||
(5) An application for a direction under subsection (4) may be made ex parte to the judge, or a judge, of the court concerned by or on behalf of the Director of Public Prosecutions or the relevant person. | ||
(6) The court may, if it considers it in the interests of justice to do so, require notice of an application for a direction under subsection (4) to be given to the relevant person or his or her legal representative or, as the case may be, to the Director of Public Prosecutions. | ||
(7) Where an application is made for a direction under subsection (4) and the court refuses to give such a direction, it shall state its reasons for such refusal. | ||
(8) A court may, at any time after a direction is given under subsection (3), whether on application to it or of its own motion, make an order that the direction shall not apply in respect of a relevant application relating to a relevant person on the grounds that— | ||
(a) the live video link is not available, or | ||
(b) one or more of the matters specified in paragraphs (a) to (f) of subsection (4) do not apply in the relevant person’s case. | ||
(9) Where, on an application under subsection (8), the court refuses to make an order that the direction given under subsection (3) shall not apply in respect of the relevant application concerned, it shall state its reasons for such refusal. | ||
(10) The court may, at any time after a direction is given under subsection (4), whether on application to it by or on behalf of the relevant person or of its own motion, revoke the direction on the grounds that— | ||
(a) the live video link is not available, or | ||
(b) one or more of the matters specified in paragraphs (a) to (f) of subsection (4) do not apply in the relevant person’s case. | ||
(11) Where, on an application under subsection (10), the court refuses to revoke a direction given under subsection (4), it shall state its reasons for such refusal. | ||
(12) The court may, where a relevant person appears, or proposes to appear, using a live video link in accordance with this section and such video link fails or ceases to operate, make such ancillary order or direction as it considers necessary in the interests of justice. | ||
(13) Where the provisions of this section are complied with in relation to the hearing of a relevant application, the relevant person shall be deemed to be present in court for the purposes of any enactment or rule of law or order of any court otherwise requiring the presence in court of an accused or convicted person during criminal proceedings against him or her. | ||
(14) The power of a court under subsection (3) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court in the case of any other Court. | ||
(15) Without prejudice to the power of a court to make such provision in the absence of such rules, rules of court may make further provision to facilitate the hearing of a relevant application by the court using a live video link in accordance with this section. | ||
(16) This section— | ||
(a) shall apply to criminal proceedings, whether initiated before, on or after the coming into operation of this section, and | ||
(b) is without prejudice to section 26 . |