Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

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Certain applications to court in relevant proceedings to be heard using live video link

24. (1) This section applies to any application in relevant proceedings (in this section referred to as a “relevant application”) where—

(a) the application does not relate to—

(i) the first appearance in court by the relevant person following his or her arrest,

(ii) the hearing by a court with regard to the making of an order for surrender where the relevant person is not consenting to such surrender, or

(iii) the hearing by a court with regard to the making of an order committing the person to a prison or remand institution there to await the order of the Minister for his or her extradition or surrender where the relevant person is not consenting to such extradition or surrender,

(b) the application is made or to be made by or on behalf of the Minister, the Attorney General 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) 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.

(3) A relevant application to which a direction under subsection (2) 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.

(4) An application for a direction under subsection (3) may be made ex parte to the judge, or a judge, of the court concerned by or on behalf of the Minister or the Attorney General or the relevant person.

(5) 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 (3) to be given to the relevant person or his or her legal representative or, as the case may be, to the Minister or the Attorney General.

(6) Where an application is made for a direction under subsection (3) and the court refuses to give such a direction, it shall state its reasons for such refusal.

(7) A court may, at any time after a direction is given under subsection (2), 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 (3) do not apply in the relevant person’s case.

(8) Where, on an application under subsection (7), the court refuses to make an order that the direction given under subsection (2) shall not apply in respect of the relevant application concerned, it shall state its reasons for such refusal.

(9) The court may, at any time after a direction is given under subsection (3), 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 (3) do not apply in the relevant person’s case.

(10) Where, on an application under subsection (9), the court refuses to revoke a direction given under subsection (3), it shall state its reasons for such refusal.

(11) 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.

(12) 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 relevant proceedings against him or her.

(13) Nothing in this section affects the right of a relevant person to be present during any relevant proceedings other than the hearing of a relevant application.

(14) The power of a court under subsection (2) 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 the 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 where the relevant person appears using a live video link between the court and the place where the relevant person is located.

(16) This section—

(a) shall apply to relevant proceedings, whether initiated before, on or after the coming into operation of this section, and

(b) is without prejudice to section 26 .