Courts Act 2003

Fees: Northern Ireland

Alteration of place fixed for Crown Court trial: Northern Ireland

Fees: Northern Ireland

Interpretation

Rules, regulations and orders

Minor and consequential amendments, repeals, etc.

Increase in fine by court

Meaning of “in default on a collection order”

Increase in fine by court

Summons or warrant for suspected offender

Resignation and removal of lay justices

Trial of summary offences

Regulations about retention of articles

Power to change certain requirements relating to Committee

Appeals to Court of Appeal: procedural directions

Meaning of “criminal court”

Family Procedure Rules

Power to change certain requirements relating to Committee

Commencement

Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

Increase in fine by court

Increase in fine by court

Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

Increase in fine by court

Increase in fine by court

Enforcement officers: general

Retirement age of Registrar of Criminal Appeals

Fixing of fines: failure to furnish statement of financial circumstances

Extension of time for appeals from Courts-Martial Appeal Court

Award of costs against third parties

Fixing of fines: failure to furnish statement of financial circumstances

Register of judgments and orders etc.

Periodical payments

Register of judgments and orders etc.

Periodical payments: security

Extension of time for criminal appeals to House of Lords: Northern Ireland

Interpretation

Rules, regulations and orders

Minor and consequential amendments, repeals, etc.

Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

Meaning of “in default on a collection order”

Appeals to Court of Appeal: procedural directions

Alteration of place fixed for Crown Court trial

Retirement age of Registrar of Criminal Appeals

Extension of time for appeals from Courts-Martial Appeal Court

Recovery of fines etc. by deductions from income support: failure to provide information

Collection of fines and discharge of fines by unpaid work

Register of judgments and orders etc.

Power to alter judicial titles: Northern Ireland

Alteration of place fixed for Crown Court trial: Northern Ireland

Interpretation

Commencement

Minor and consequential amendments, repeals, etc.

Increase in fine by court

Alteration of place fixed for Crown Court trial

Fees

Extension of time for appeals from Courts-Martial Appeal Court

Extension of time for appeals from Courts-Martial Appeal Court

Fees

Recovery of fines etc. by deductions from income support: failure to provide information

Register of judgments and orders etc.

Alteration of place fixed for Crown Court trial: Northern Ireland

Periodical payments: security

Power to alter judicial titles: Northern Ireland

Minor and consequential amendments, repeals, etc.

Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

Meaning of “in default on a collection order”

Increase in fine by court

Power to change certain requirements relating to Committee

Retirement age of Registrar of Criminal Appeals

Appeals to Courts-Martial Appeal Court: procedural directions

High Court writs of execution

Fixing of fines: failure to furnish statement of financial circumstances

Periodical payments: security

Minor and consequential amendments, repeals, etc.

Meaning of “in default on a collection order”

Retirement age of Registrar of Criminal Appeals

Appeals to Courts-Martial Appeal Court: procedural directions

Award of costs against third parties

Periodical payments: security

Official Solicitor of Northern Ireland

Rules, regulations and orders

Fees: Northern Ireland

Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

Issue by fines officer of replacement notice

37A

• (1) This paragraph applies if—

• (a) the fines officer has delivered to P a notice (“the current notice”) that is—

• (i) a further steps notice that has not been replaced by a notice under this paragraph, or

• (ii) a notice under this paragraph that has not been replaced by a further notice under this paragraph,

• (b) P remains liable to pay any part of the sum due, and

• (c) the fines officer wishes to be able to take one or more steps listed in paragraph 38 but not specified in the current notice.

• (2) The fines officer may deliver to P a notice replacing the current notice.

• (3) A notice under this paragraph (a “replacement notice”) must—

• (a) state that the fines officer intends to take one or more of the steps listed in paragraph 38,

• (b) specify the steps that the fines officer wishes to be able to take, and

• (c) be in writing and dated.

• (4) P may, within 10 working days from the date of a replacement notice, appeal to the magistrates' court against it.

• (5) If a step is being taken in reliance on a notice at the time when the notice is replaced by a replacement notice, the taking of the step may continue despite the replacement.

Withdrawal of warrant of control by fines officer

40A

• (1) This paragraph applies if, in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due.

• (2) The fines officer may withdraw the warrant if—

• (a) P remains liable to pay any part of the sum due, and

• (b) the fines officer is satisfied that the warrant was issued by mistake, including in particular a mistake made in consequence of the non-disclosure or misrepresentation of a material fact.

Discharge of warrant of control by magistrates' court

40B

• (1) This paragraph applies if—

• (a) in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, and

• (b) the fines officer subsequently refers P's case to the magistrates' court under paragraph 42.

• (2) The magistrates' court may discharge the warrant if—

• (a) P remains liable to pay any part of the sum due, and

• (b) the power conferred by section 142(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc ) would have been exercisable by the court if the court had issued the warrant.

Duty of fines officer if warrant of control withdrawn or discharged

40C

• (1) This paragraph applies if condition A or B is met.

• (2) Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A.

• (3) Condition B is that—

• (a) in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due,

• (b) the fines officer has referred P's case to the magistrates' court under paragraph 42,

• (c) the magistrates' court has discharged the warrant of control under paragraph 40B(2), and

• (d) the magistrates' court has not discharged the collection order or exercised any of its powers under paragraph 42(2).

• (4) If P remains liable to pay any part of the sum due, the fines officer must—

• (a) take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or

• (b) deliver to P a replacement notice and take one or more of the steps specified in that notice, or

• (c) refer P's case to, or back to, the magistrates' court under paragraph 42.

36A

A function given by or under an enactment to a fines officer as such is to be taken for the purposes of section 2(5) (ban on contracting-out of judicial functions) as not involving the making of judicial decisions and as not involving the exercise of any judicial discretion.

Retirement age of Registrar of Criminal Appeals

Appeals to Courts-Martial Appeal Court: procedural directions

Fixing of fines: failure to furnish statement of financial circumstances

Alteration of place fixed for Crown Court trial: Northern Ireland

Fees: Northern Ireland

Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

Meaning of “in default on a collection order”

Family Procedure Rule Committee

Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

Part 3A — Disclosure of information, and meaning of "relevant benefit" etc

Disclosure of information in connection with making of attachment of earnings order or application for benefit deductions

9A

• (1) The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.

• (1A) Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person.

• (1B) The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—

• (a) a decision as to whether to make an attachment of earnings order in respect of P,

• (b) a decision as to whether to make an application for benefit deductions in respect of P, and

• (c) such an order or application.

• (2) In this paragraph—

• “finances information” means information which—is about a person's income, gains or capital, andis held—by Her Majesty's Revenue and Customs, orby a person providing services to the Commissioners for Her Majesty's Revenue and Customs in connection with the provision of those services,or information which is held with information so held;

• “social security information” means information which is held for the purposes of functions relating to social security—by the Secretary of State or a Northern Ireland Department, orby a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,or information which is held with information so held.

• (2A) The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).

• (3) In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).

Restrictions on disclosure

9B

• (1) A person to whom information is disclosed under paragraph 9A, or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making , by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B).

• (2) A person to whom such information is disclosed commits an offence if the person—

• (a) discloses or uses the information, and

• (b) the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision , order or application as is mentioned in paragraph 9A(1B).

• (3) But it is not an offence under sub-paragraph (2)—

• (a) to disclose any information in accordance with any enactment or order of a court or of a tribunal established by or under an Act or for the purposes of any proceedings before a court; or

• (b) to disclose or use—

• (i) any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

• (ii) any information which has previously been lawfully disclosed to the public.

• (4) It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.

• (5) A person guilty of an offence under sub-paragraph (2) is liable—

• (a) on conviction on indictment—

• (i) to imprisonment for a term not exceeding 2 years, or

• (ii) to a fine, or

• (iii) to both;

• (b) on summary conviction—

• (i) to imprisonment for a term not exceeding the general limit in a magistrates’ court, or

• (ii) to a fine not exceeding the statutory maximum, or

• (iii) to both.

• (6) Sub-paragraph (5)(b) applies in relation to offences committed before 2 May 2022 (general limit on power of magistrates' courts to impose imprisonment) as if the reference to the general limit in a magistrates’ court were a reference to 6 months.

• (7) A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.

Paragraphs 9A and 9B: supplementary

9C

• (1) Sub-paragraphs (3) and (3A) apply for the purposes of paragraphs 9A and 9B.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) “Information” means information held in any form.

• (3A) Relevant court” has the same meaning as in Part 3 of this Schedule.

• (3B) In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)—

• “fines officer” has the meaning given by section 36;

• “P” has the meaning given by paragraph 1.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the data protection legislation.

• (6) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Meaning of “relevant benefit” and “application for benefit deductions”

10

In this Schedule—

• (a) “relevant benefit” means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from universal credit and income support etc.), and

• (b) “application for benefit deductions”, in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.

Increase in fine by court

Meaning of “in default on a collection order”

Increase in fine by court

54A

• (1) This section applies where an order has been made under section 15A of the Juries Act 1974 (surrender of electronic communications devices by jurors) in respect of the members of a jury.

• (2) A court security officer acting in the execution of the officer's duty must, if ordered to do so by a judge, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order.

• (3) Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear.

• (4) If the search reveals a device which is required by the order to be surrendered—

• (a) the officer must ask the juror to surrender the device, and

• (b) if the juror refuses to do so, the officer may seize it.

• (5) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).

Increase in fine by court

86A

• (1) A person who is a defendant in proceedings in a criminal court must provide his or her name, date of birth and nationality if required to do so at any stage of proceedings by the court.

• (2) Criminal Procedure Rules must specify the stages of proceedings at which requirements are to be imposed by virtue of subsection (1) (and may specify other stages of proceedings when such requirements may be imposed).

• (3) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by virtue of subsection (1), whether by providing false or incomplete information or by providing no information.

• (4) Information provided by a person in response to a requirement imposed by virtue of subsection (1) is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section.

• (5) A person guilty of an offence under subsection (3) is liable on summary conviction to either or both of the following—

• (a) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003), or

• (b) a fine.

• (6) The criminal court before which a person is required to provide his or her name, date of birth and nationality may deal with any suspected offence under subsection (3) at the same time as dealing with the offence for which the person was already before the court.

• (7) In this section a “criminal court” is, when dealing with any criminal cause or matter—

• (a) the Crown Court;

• (b) a magistrates' court.

Increase in fine by court

Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

PART 3B — JUSTICE ACT (NORTHERN IRELAND) 2016: INFORMATION SHARING

Attachment of earnings orders: disclosure of information

10A

• (1) Her Majesty’s Revenue and Customs, or a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, may disclose finances information to a court in Northern Ireland or a collection officer for the purpose of—

• (a) facilitating a decision by the court or officer whether or not to make an attachment of earnings order, or

• (b) facilitating the making of an attachment of earnings order by the court or officer.

• (2) In sub-paragraph (1), “finances information” means information—

• (a) which is about a person’s income, gains or capital and is held by—

• (i) Her Majesty’s Revenue and Customs, or

• (ii) a person providing services to the Commissioners for Her Majesty’s Revenue and Customs in connection with the provision of those services, or

• (b) which is held with information of the description given in paragraph (a).

• (3) A person to whom information is disclosed under this paragraph commits an offence if the person—

• (a) discloses the information to another person, or

• (b) uses the information for a purpose other than a purpose referred to in sub-paragraph (1).

• (4) It is not an offence under sub-paragraph (3)—

• (a) to disclose any information in accordance with a statutory provision or an order of a court or of a tribunal established by or under a statutory provision or for the purposes of any proceedings before a court,

• (b) to disclose or use any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

• (c) to disclose or use any information which has previously been lawfully disclosed to the public.

• (5) It is a defence for a person charged with an offence under sub-paragraph (3) to prove that the person reasonably believed that the disclosure or use was lawful.

• (6) A person guilty of an offence under sub-paragraph (3) is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.

• (7) Nothing in this paragraph authorises the making of a disclosure which contravenes the data protection legislation.

• (8) In this paragraph—

• “attachment of earnings order” and “collection officer” each have the same meaning as in Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 (see section 27(1) of that Act);

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “information” means information held in any form;

• “statutory provision” has the same meaning as in the Interpretation Act (Northern Ireland) 1954 (see section 1(f) of that Act).

Meaning of “in default on a collection order”

The general duty

Resignation and removal of lay justices

Removal of restriction on Circuit judges sitting on certain appeals

PART 6A — Exercise of judicial functions by authorised persons

67A

• (1) In this Part—

• “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005;

• “relevant judicial function” means—a function of a court to which the general duty of the Lord Chancellor under section 1 of this Act applies;a judicial function of a person holding an office that entitles the person to exercise functions of such a court;but does not include a function to which any of the following subsections applies.

• (2) This subsection applies to any function so far as its exercise involves authorising a person's committal to prison.

• (3) This subsection applies to any function so far as its exercise involves authorising a person's arrest, but it does not apply to the issue of a warrant (whether or not endorsed for bail) for a person's arrest in order to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of the person to the issue of the warrant.

• (4) This subsection applies to the function of making an order to recover possession of a building, or part of a building, which is occupied as a dwelling by—

• (a) the person against whom the order is made, or

• (b) the person's spouse, civil partner or dependent child aged under 18,

but it does not apply to the making of an order in a case in which no objection is made by or on behalf of the person against whom the order is made to the making of the order.

• (5) This subsection applies to the function of granting an injunction under section 37 of the Senior Courts Act 1981.

• (6) This subsection applies to the function of making an order under section 7 of the Civil Procedure Act 1997 (order for preserving evidence etc).

67B

• (1) Rules of court may provide for the exercise of relevant judicial functions by persons who—

• (a) are appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and

• (b) satisfy any requirements specified in the rules as to qualifications or experience.

• (2) A person may exercise functions by virtue of subsection (1) only if authorised to do so by the Lord Chief Justice.

• (3) Such a person is referred to in this Part as an “authorised person”.

• (4) An authorisation under subsection (2)—

• (a) may be subject to conditions, and

• (b) may be varied or revoked by the Lord Chief Justice at any time.

• (5) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—

• (a) a judicial office holder;

• (b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.

• (6) A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—

• (a) the Lord Chief Justice, or

• (b) a judicial office holder nominated by the Lord Chief Justice,

when exercising the functions.

• (7) Nothing in this Part is to be taken to affect the generality of any enactment conferring powers to make rules of court.

67C

• (1) Before making rules of court that provide for the exercise of relevant judicial functions by authorised persons by virtue of section 67B(1), the authority with power to make the rules must take the following steps in relation to each of the functions in question.

• (2) The authority must consider whether the rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.

• (3) If the authority considers that the rules should include such a right, it must include provision to that effect when it makes the rules.

• (4) If the authority does not consider that the rules should include such a right, it must inform the Lord Chancellor of—

• (a) its decision, and

• (b) its reasons for reaching that decision.

67D

• (1) The Lord Chief Justice may give directions to an authorised person.

• (2) Apart from such directions, an authorised person exercising a relevant judicial function by virtue of section 67B(1) is not subject to the direction of the Lord Chancellor or any other person when exercising the function.

• (3) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under subsection (1)—

• (a) a judicial office holder;

• (b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.

• (4) A person nominated under subsection (3)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—

• (a) the Lord Chief Justice, or

• (b) a judicial office holder nominated by the Lord Chief Justice,

when exercising the functions.

67E

• (1) No action lies against an authorised person in respect of what the person does or omits to do—

• (a) in the execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, and

• (b) in relation to a matter within the person's jurisdiction.

• (2) An action lies against an authorised person in respect of what the person does or omits to do—

• (a) in the purported execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, but

• (b) in relation to a matter not within the person's jurisdiction,

if, but only if, it is proved that the person acted in bad faith.

• (3) If an action is brought in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—

• (a) may, on the application of the defendant, strike out the proceedings in the action, and

• (b) if it does so, may if it thinks fit order the person bringing the action to pay costs.

67F

• (1) A court may not order an authorised person to pay costs in any proceedings in respect of what the person does or omits to do in the execution (or purported execution) of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function.

• (2) But subsection (1) does not apply in relation to any proceedings in which an authorised person—

• (a) is being tried for an offence or is appealing against a conviction, or

• (b) is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.

• (3) A court which is prevented by subsection (1) from ordering an authorised person to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.

• (4) The Lord Chancellor may, after consulting the Lord Chief Justice, make regulations specifying—

• (a) circumstances in which a court must or must not exercise the power conferred on it by subsection (3), and

• (b) how the amount of any payment ordered under subsection (3) is to be determined.

• (5) The Lord Chief Justice may nominate a judicial office holder to exercise the Lord Chief Justice's functions under this section.

67G

• (1) “Indemnifiable amounts”, in relation to an authorised person, means—

• (a) costs which the person reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of the person's duty as an authorised person,

• (b) costs which the person reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,

• (c) damages awarded against the person or costs ordered to be paid by the person in such proceedings, or

• (d) sums payable by the person in connection with a reasonable settlement of such proceedings or such a claim.

• (2) Indemnifiable amounts relate to criminal matters if the duty mentioned in subsection (1)(a) relates to criminal matters.

• (3) The Lord Chancellor must indemnify an authorised person in respect of—

• (a) indemnifiable amounts which relate to criminal matters, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith, and

• (b) other indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, the person acted reasonably and in good faith.

• (4) The Lord Chancellor may indemnify an authorised person in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith.

• (5) Any question whether, or to what extent, an authorised person is to be indemnified under this section is to be determined by the Lord Chancellor.

• (6) The Lord Chancellor may, if the person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—

• (a) costs such as are mentioned in subsection (1)(a) or (b), or

• (b) sums such as are mentioned in subsection (1)(d),

before the costs are incurred or the settlement in connection with which the sums are payable is made.

• (7) But a determination under subsection (6) before costs are incurred—

• (a) is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and

• (b) does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.

Power to change certain requirements relating to Committee

Process for making Family Procedure Rules

Appeals to Courts-Martial Appeal Court: procedural directions

Extension of time for appeals from Courts-Martial Appeal Court

Increase in fine by court

Use of live video or audio links: public participation & offences of recording etc

85A

• (1) This section applies (subject to subsections (12) and (13)) to proceedings in any court; and in this section “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act).

• (2) If the proceedings are specified under subsection (8)(a), the court may direct that images or sounds of the proceedings are to be transmitted electronically for the purpose of enabling persons not taking part in the proceedings to watch or listen to the proceedings.

• (3) A direction under subsection (2) may authorise only the following types of transmission—

• (a) transmission to designated live-streaming premises, or

• (b) transmission to which individuals are given access only having first identified themselves to the court (or to a person acting on behalf of the court).

• (4) In subsection (3)(a), “designated live-streaming premises” means premises that are designated by the Lord Chancellor as premises that are made available for members of the public to watch or listen to proceedings in accordance with directions under subsection (2).

• (5) A direction under subsection (2) may include further provision about—

• (a) the manner of transmission, or

• (b) the persons who are to be able to watch or listen to the transmission (including provision making that ability subject to conditions, or aimed at preventing persons who are not meant to watch or listen from being able to do so).

• (6) If images or sounds of the proceedings are transmitted electronically (whether under a direction under subsection (2) or any other power), the court may direct that a recording of the transmission is to be made, in the manner specified in the direction, for the purpose of enabling the court to keep a record of the proceedings.

• (7) A direction under subsection (2) or (6)—

• (a) may relate to the whole, or to part, of the proceedings concerned, and

• (b) may be varied or revoked.

• (8) The Lord Chancellor may by regulations—

• (a) specify proceedings (by reference to their type, the court in which they take place, or any other circumstance) in relation to which directions under subsection (2) may be made;

• (b) specify matters of which the court must be satisfied before deciding to make such a direction;

• (c) specify matters that the court must take into account when deciding whether, and on what terms, to make such a direction;

• (d) require directions under subsection (2) to include certain provision under subsection (5).

• (9) Before making regulations under subsection (8), the Lord Chancellor must determine whether the function of giving or withholding concurrence to the regulations would most appropriately be exercised by—

• (a) the Lord Chief Justice of England and Wales,

• (b) the Senior President of Tribunals, or

• (c) both of them.

• (10) Regulations under subsection (8) may be made only with the concurrence of the Lord Chief Justice of England and Wales, the Senior President of Tribunals, or both of them, as determined under subsection (9).

• (11) Regulations under subsection (8) may make different provision for different purposes.

• (12) This section does not apply to proceedings in the Supreme Court.

• (13) This section does not apply to proceedings if provision regulating the procedure to be followed in those proceedings could be made by—

• (a) an Act of the Scottish Parliament,

• (b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or

• (c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.

85B

• (1) It is an offence for a person to make, or attempt to make—

• (a) an unauthorised recording, or

• (b) an unauthorised transmission,

of an image or sound within subsection (2) or (3).

• (2) An image or sound is within this subsection if it is an image or sound of court proceedings that is being transmitted to the place where the recording or transmission referred to in subsection (1) is made or attempted to be made.

• (3) An image or sound is within this subsection if it is an image or sound of a person while that person is remotely attending court proceedings.

• (4) A person is remotely attending court proceedings at any time when the person—

• (a) is not in the same place as any member of the court, and

• (b) is taking part in, watching or listening to the proceedings by way of a transmission.

• (5) For the purposes of this section a recording or transmission is “unauthorised” unless it is—

• (a) authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or

• (b) authorised (generally or specifically) by the Lord Chancellor.

• (6) It is a defence for a person charged with an offence under subsection (1) to prove that, at the time of the actual or attempted recording or transmission, the person—

• (a) was not in designated live-streaming premises, and

• (b) did not know that the image or sound concerned was of a sort within subsection (2) or (3).

• (7) In subsection (6)(a), “designated live-streaming premises” has the meaning given by section 85A(4).

• (8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (9) Conduct that amounts to an offence under subsection (1) is also a contempt of court.

But a person cannot, in respect of the same conduct, be both convicted of the offence and punished for the contempt.

• (10) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

• (11) This section does not apply to proceedings in the Supreme Court.

• (12) This section does not apply to court proceedings if provision regulating the procedure to be followed in those proceedings could be made by—

• (a) an Act of the Scottish Parliament,

• (b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or

• (c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.

• (13) In this section—

• “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act);

• “court proceedings” means proceedings in any court;

• “recording” means a recording on any medium—of a single image, a moving image or any sound, orfrom which a single image, a moving image or any sound may be produced or reproduced;

• “transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).

85C

• (1) It is an offence for a person to make, or attempt to make—

• (a) an unauthorised recording, or

• (b) an unauthorised transmission,

of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.

• (2) It is an offence for a person (P) to make, or attempt to make—

• (a) an unauthorised recording, or

• (b) an unauthorised transmission,

of an image of, or sound made by, any person (whether P or another person) while that person is participating in court proceedings through a live video link or a live audio link.

• (3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission, he or she did not know, and could not reasonably have known, that the image or sound concerned—

• (a) was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or

• (b) was an image of, or sound made by, a person while that person was participating in court proceedings through a live video link or a live audio link (in the case of an offence under subsection (2)).

• (4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

• (6) For the purposes of this section a recording or transmission is “unauthorised” unless it is—

• (a) authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or

• (b) authorised (generally or specifically) by the Lord Chancellor.

85D

• (1) This section applies for the purposes of sections 85A to 85C (and this section).

• (2) The following expressions have the meanings given—

• “court” means—the Court of Appeal;the High Court;the Crown Court;the county court;the family court;a magistrates' court;

• “court proceedings” means any proceedings in any court;

• “designated live-streaming premises” means premises that are designated by the Lord Chancellor for the purposes of this section as premises provided by the Lord Chancellor for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 85A;

• “recording” means a recording on any medium—of a single image, a moving image or any sound, orfrom which a single image, a moving image or any sound may be produced or reproduced;

• “transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).

• (3) A “live video link”, in relation to a person (P) taking part in proceedings, is a live television link or other arrangement which—

• (a) enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and

• (b) enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.

• (4) Proceedings are conducted wholly as video proceedings if—

• (a) directions have been given, whether under section 51 of the Criminal Justice Act 2003 or any other power, for all of the persons taking part in the proceedings to do so through a live video link, and

• (b) all of those persons take part in the proceedings in accordance with those directions.

• (5) A “live audio link”, in relation to a person (P) taking part in proceedings, is a live telephone link or other arrangement which—

• (a) enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and

• (b) enables all other persons taking part in the proceedings who are not in the same location as P to hear P.

• (6) Proceedings are conducted wholly as audio proceedings if—

• (a) directions have been given under section 51 of the Criminal Justice Act 2003 for all of the persons taking part in the proceedings to do so through a live audio link, and

• (b) all of those persons take part in the proceedings in accordance with those directions.

• (7) An image or sound is transmitted—

• (a) through a live video link if it is transmitted as part of a person's participation in court proceedings through a live video link;

• (b) through a live audio link if it is transmitted as part of a person's participation in court proceedings through a live audio link.

PART 7ZA — Transmission and recording of court and tribunal proceedings

Remote observation and recording

Remote observation and recording of proceedings by direction of a court or tribunal

Offence of recording or transmission

PART 7A — Civil proceedings: prohibition of cross-examination in person

85E

In this Part—

• “civil proceedings” means—proceedings in the county court,proceedings in the High Court, other than—proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, andproceedings in the exercise of its jurisdiction under the Extradition Act 2003, andproceedings in the civil division of the Court of Appeal arising out of civil proceedings within paragraph (a) or (b);

• “witness”, in relation to any proceedings, includes a party to the proceedings.

85F

• (1) In civil proceedings, no party to the proceedings who has been convicted of, or given a caution for, a specified offence may cross-examine in person a witness who is the victim of that offence.

• (2) In civil proceedings, no party to the proceedings who is the victim of a specified offence may cross-examine in person a witness who has been convicted of, or given a caution for, that offence.

• (3) Subsections (1) and (2) do not apply to a conviction or caution that is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless evidence in relation to the conviction or caution is admissible in, or may be required in, the proceedings by virtue of section 7(2), (3) or (4) of that Act.

• (4) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the conviction or caution when the cross-examination took place.

• (5) In this section—

• “caution” means—in the case of England and Wales—a conditional caution given under section 22 of the Criminal Justice Act 2003,a youth conditional caution given under section 66A of the Crime and Disorder Act 1998, orany other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, the person has admitted;in the case of Scotland, anything corresponding to a caution falling within paragraph (a) (however described) which is given to a person in respect of an offence under the law of Scotland;in the case of Northern Ireland—a conditional caution given under section 71 of the Justice Act (Northern Ireland) 2011, orany other caution given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted;

• “conviction” means—a conviction by or before a court in England and Wales, Scotland or Northern Ireland;a conviction in service disciplinary proceedings (in England and Wales, Scotland, Northern Ireland, or elsewhere), including—in the case of proceedings in respect of a service offence, anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act, andin the case of any other service disciplinary proceedings, a finding of guilt in those proceedings;a finding in any criminal proceedings (including a finding linked with a finding of insanity) that the person concerned has committed an offence or done the act or made the omission charged;and “convicted” is to be read accordingly;

• “service disciplinary proceedings” means—any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006);any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence);any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976;

• “service offence” means—a service offence within the meaning of the Armed Forces Act 2006, oran SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);

• “specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor.

• (6) The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of this section to a conviction of a person for an offence in respect of which an order has been made discharging the person absolutely or conditionally—

• (a) section 14 of the Powers of Criminal Courts (Sentencing) Act 2000;

• (b) section 82 of the Sentencing Code;

• (c) section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment.

• (7) For the purposes of this section “offence” includes an offence under a law that is no longer in force.

85G

• (1) In civil proceedings, no party to the proceedings against whom an on-notice protective injunction is in force may cross-examine in person a witness who is protected by the injunction.

• (2) In civil proceedings, no party to the proceedings who is protected by an on-notice protective injunction may cross-examine in person a witness against whom the injunction is in force.

• (3) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the protective injunction when the cross-examination took place.

• (4) In this section “protective injunction” means an order, injunction or interdict specified, or of a description specified, in regulations made by the Lord Chancellor.

• (5) For the purposes of this section, a protective injunction is an “on-notice” protective injunction if—

• (a) the court is satisfied that there has been a hearing at which the person against whom the protective injunction is in force asked, or could have asked, for the injunction to be set aside or varied, or

• (b) the protective injunction was made at a hearing of which the court is satisfied that both the person who applied for it and the person against whom it is in force had notice.

85H

• (1) In civil proceedings, where specified evidence is adduced that a person who is a witness has been the victim of domestic abuse carried out by a party to the proceedings, that party to the proceedings may not cross-examine the witness in person.

• (2) In civil proceedings, where specified evidence is adduced that a person who is a party to the proceedings has been the victim of domestic abuse carried out by a witness, that party may not cross-examine the witness in person.

• (3) In this section—

• “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

• “specified evidence” means evidence specified, or of a description specified, in regulations made by the Lord Chancellor.

• (4) Regulations under subsection (3) may provide that any evidence which satisfies the court that domestic abuse, or domestic abuse of a specified description, has occurred is specified evidence for the purposes of this section.

85I

• (1) In civil proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining (or continuing to cross-examine) a witness in person if—

• (a) none of sections 85F to 85H operates to prevent the party from cross-examining the witness, and

• (b) it appears to the court that—

• (i) the quality condition or the significant distress condition is met, and

• (ii) it would not be contrary to the interests of justice to give the direction.

• (2) The “quality condition” is met if the quality of evidence given by the witness on cross-examination—

• (a) is likely to be diminished if the cross-examination (or continued cross-examination) is conducted by the party in person, and

• (b) would be likely to be improved if a direction were given under this section.

• (3) The “significant distress condition” is met if—

• (a) the cross-examination (or continued cross-examination) of the witness by the party in person would be likely to cause significant distress to the witness or the party, and

• (b) that distress is likely to be more significant than would be the case if the witness were cross-examined other than by the party in person.

• (4) A direction under this section may be made by the court—

• (a) on an application made by a party to the proceedings, or

• (b) of its own motion.

• (5) In determining whether the quality condition or the significant distress condition is met in the case of a witness or party, the court must have regard to, among other things—

• (a) any views expressed by the witness as to whether or not the witness is content to be cross-examined by the party in person;

• (b) any views expressed by the party as to whether or not the party is content to cross-examine the witness in person;

• (c) the nature of the questions likely to be asked, having regard to the issues in the proceedings;

• (d) any charge of which the court is aware in respect of a specified offence alleged to have been committed by the party in relation to the witness;

• (e) any charge of which the court is aware in respect of a specified offence alleged to have been committed by the witness in relation to the party;

• (f) any behaviour by the party in relation to the witness in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings;

• (g) any behaviour by the witness in relation to the party in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings;

• (h) any behaviour by the party at any stage of the proceedings, both generally and in relation to the witness;

• (i) any behaviour by the witness at any stage of the proceedings, both generally and in relation to the party;

• (j) any relationship (of whatever nature) between the witness and the party.

• (6) In subsection (5)(d) and (e) “specified offence” means an offence that is a specified offence for the purposes of section 85F.

• (7) Any reference in this section to the quality of a witness's evidence is to its quality in terms of completeness, coherence and accuracy.

• (8) For this purpose “coherence” refers to a witness's ability in giving evidence to give answers which—

• (a) address the questions put to the witness, and

• (b) can be understood, both individually and collectively.

85J

• (1) A direction under section 85I has binding effect from the time it is made until the witness in relation to whom it applies is discharged.

• (2) But the court may revoke a direction under section 85I before the witness is discharged, if it appears to the court to be in the interests of justice to do so, either—

• (a) on an application made by a party to the proceedings, or

• (b) of its own motion.

• (3) The court may revoke a direction under section 85I on an application made by a party to the proceedings only if there has been a material change of circumstances since—

• (a) the direction was given, or

• (b) if a previous application has been made by a party to the proceedings, the application (or the last application) was determined.

• (4) The court must state its reasons for—

• (a) giving a direction under section 85I;

• (b) refusing an application for a direction under section 85I;

• (c) revoking a direction under section 85I;

• (d) refusing an application for the revocation of a direction under section 85I.

85K

• (1) This section applies where a party to civil proceedings is prevented from cross-examining a witness in person by virtue of any of sections 85F to 85I.

• (2) The court must consider whether (ignoring this section) there is a satisfactory alternative means—

• (a) for the witness to be cross-examined in the proceedings, or

• (b) of obtaining evidence that the witness might have given under cross-examination in the proceedings.

• (3) If the court decides that there is not, the court must—

• (a) invite the party to the proceedings to arrange for a qualified legal representative to act for the party for the purpose of cross-examining the witness, and

• (b) require the party to the proceedings to notify the court, by the end of a period specified by the court, of whether a qualified legal representative is to act for the party for that purpose.

• (4) Subsection (5) applies if, by the end of the period specified under subsection (3)(b), either—

• (a) the party has notified the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness, or

• (b) no notification has been received by the court and it appears to the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness.

• (5) The court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative appointed by the court to represent the interests of the party.

• (6) If the court decides that it is, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the party.

• (7) A qualified legal representative appointed by the court under subsection (6) is not responsible to the party.

• (8) For the purposes of this section—

• (a) a reference to cross-examination includes a reference to continuing to conduct cross-examination;

• (b) “qualified legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in civil proceedings.

85L

• (1) The Lord Chancellor may by regulations make provision for the payment out of central funds of sums in respect of—

• (a) fees or costs properly incurred by a qualified legal representative appointed under section 85K(6), and

• (b) expenses properly incurred in providing such a person with evidence or other material in connection with the appointment.

• (2) The regulations may provide for sums payable under subsection (1) to be determined by the Lord Chancellor or such other person as the regulations may specify.

• (3) The regulations may provide for sums payable under subsection (1)—

• (a) to be such amounts as are specified in the regulations;

• (b) to be calculated in accordance with—

• (i) a rate or scale specified in the regulations, or

• (ii) other provision made by or under the regulations.

85M

• (1) The Lord Chancellor may issue guidance in connection with the role which a qualified legal representative appointed under section 85K(6) in connection with any civil proceedings is to play in the proceedings, including (among other things) guidance about the effect of section 85K(7).

• (2) A qualified legal representative appointed under section 85K(6) must have regard to any guidance issued under this section.

• (3) The Lord Chancellor may from time to time revise any guidance issued under this section.

• (4) The Lord Chancellor must publish—

• (a) any guidance issued under this section, and

• (b) any revisions of that guidance.

85N

Regulations under this Part may make different provision for different purposes.

Application of this Part to person with automatic online conviction

10A

This Part of this Schedule applies to a person who has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) as it applies to P.