From 28th June, the courts and tribunals can grant reporters and other members of the public remote access to in-person and hybrid hearings under the new Remote Observation and Recording Courts and Tribunals Regulations 2022. These provisions replace the temporary measures under the Coronavirus Act 2020, introduced at the height of the pandemic, which only referred to courts and tribunals having the power to allow the public to remotely observe cases when the case is conducted as ‘wholly video’ or ‘wholly audio’ proceedings.
Remote Hearings To Stay
The new provisions allow for a new permanent regime, giving the courts ‘expanded powers’ to allow the transmission of proceedings, irrespective of whether the hearing is being conducted wholly in-person, wholly remotely, or a hybrid.
Before allowing electronic transmission of the hearing, the court must be satisfied that it would be in the interests of justice and that it would not create an unreasonable administrative burden. In deciding this, judges will take into account a range of factors, including the importance of open justice, the timing of a request for remote access, the availability of the necessary technological resources to allow remote observation and the safety and privacy rights of those involved in the proceedings.
Remote observers must be forewarned that they must not record or transmit any images or audio of the proceedings. Under the new Section 85B of the Courts Act 2003, this is a summary offence, with a maximum sentence of two years imprisonment.
We Can Represent You
As charter solicitors, our team has the expertise and experience to represent you in court. Whether this takes place as a remote hearing or otherwise, speak to us to learn more about how we would represent you.
