Legislation – Police, Crime, Sentencing and Courts Act 2022

“9CBritish Sign Language interpreters for deaf jurors

(1)

For the purpose of section 9B(2), in determining whether or not a person who is deaf should act as a juror, the judge must consider whether the assistance of a British Sign Language interpreter would enable that person to be capable of acting effectively as a juror.

(2)

Where the judge considers that the assistance of a British Sign Language interpreter would enable the person to be capable of acting effectively as a juror, the judge may appoint one or more interpreters to provide that assistance, and affirm the summons.

(3)

An interpreter appointed under subsection (2) may remain with the jury in the course of their deliberations in proceedings before a court for the purpose of enabling the person the interpreter is assisting to act effectively as a juror.

(4)

The interpreter must not interfere in or influence the deliberations of the jury (see section 20I as to the offence).”

“20HApplication of certain provisions to British Sign Language interpreters

(1)

Section 12(1) and (2) (challenge for cause) apply to an interpreter appointed under section 9C(2) as those provisions apply to jurors.

(2)

Section 15A (surrender of electronic communications devices) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury.

(3)

Section 20A (offence of research by jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury with the modification that the reference to “the trial period” in subsection (5), in relation to an interpreter, is the period—

(a)

beginning when the interpreter is appointed under section 9C(2), and

(b)

ending when the judge discharges the jury or, if earlier, when the judge discharges the interpreter.

(4)

Section 20B (offence of sharing research with other jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury, but the references in section 20B to “section 20A” and “the trial period” are to be read as references to “section 20A” and “the trial period” as modified by subsection (3) of this section.

(5)

In the following provisions of section 20F (exceptions to offence of disclosing jury deliberations), the references to the conduct of a juror include the conduct of an interpreter appointed under section 9C(2)—

(a)

subsection (1)(b)(ii);

(b)

subsection (4)(b);

(c)

subsection (5).

20IOffence: interpreters interfering in or influencing jury deliberations

(1)

It is an offence for an interpreter appointed under section 9C(2) intentionally to interfere in or influence the deliberations of the jury in proceedings before a court.

(2)

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(3)

Proceedings for an offence under this section may only be instituted by or with the consent of the Attorney General.”

“PART 7ZATransmission and recording of court and tribunal proceedings

Remote observation and recording

85ARemote observation and recording of proceedings by direction of a court or tribunal

(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.”

“(1A)

Subsection (1) does not apply to anything done in accordance with a direction under section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).”

“(4A)

This section does not apply to anything done in accordance with a direction under section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).”

“(ca)

regulations under section 85A(8) (provision about directions for remote observation of court and tribunal proceedings);”.

“51Directions for live links in criminal proceedings

(1)

The court may, by a direction, require or permit a person to take part in eligible criminal proceedings through—

(a)

a live audio link, or

(b)

a live video link.

(2)

A direction under this section may be given in relation to a member of a jury only if the direction requires all members of the jury to take part through a live video link while present at the same place.

(3)

In this Part “eligible criminal proceedings” means—

(a)

a preliminary hearing (see section 56(1)),

(b)

a summary trial,

(c)

a criminal appeal to the Crown Court and any proceedings that are preliminary or incidental to such an appeal,

(d)

a trial on indictment or any other trial in the Crown Court for an offence,

(e)

proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964,

(f)

proceedings under Part 3 of the Mental Health Act 1983,

(g)

proceedings under—

(i)

section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, or

(ii)

section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates’ court on adjourning a case under that section of the 2000 Act,

(h)

an appeal to the criminal division of the Court of Appeal and any proceedings that are preliminary or incidental to such an appeal,

(i)

a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference,

(j)

the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 and any proceedings that are preliminary or incidental to such a hearing,

(k)

a hearing before a magistrates’ court or the Crown Court which is held after the defendant has entered a plea of guilty,

(l)

a hearing under section 142(1) or (2) of the Magistrates’ Courts Act 1980,

(m)

a hearing before the Court of Appeal under section 80 of this Act and any proceedings that are preliminary or incidental to such a hearing,

(n)

any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted,

(o)

a sentencing hearing (see section 56(1)), or

(p)

an enforcement hearing (see section 56(1)).

(4)

The court may not give a direction under this section unless—

(a)

the court is satisfied that it is in the interests of justice for the person to whom the direction relates to take part in the proceedings in accordance with the direction through the live audio link or live video link,

(b)

the parties to the proceedings have been given the opportunity to make representations, and

(c)

if so required by section 52(9), the relevant youth offending team has been given the opportunity to make representations.

(5)

In deciding whether to give a direction under this section, the court must consider—

(a)

any guidance given by the Lord Chief Justice, and

(b)

all the circumstances of the case.

(6)

Those circumstances include in particular—

(a)

the availability of the person to whom the direction would relate,

(b)

any need for that person to attend in person,

(c)

the views of that person,

(d)

the suitability of the facilities at the place where that person would take part in the proceedings in accordance with the direction,

(e)

whether that person would be able to take part in the proceedings effectively if the person took part in accordance with the direction,

(f)

in the case of a direction relating to a witness—

(i)

the importance of the witness’s evidence to the proceedings, and

(ii)

whether the direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence, and

(g)

the arrangements that would or could be put in place for members of the public to see or hear the proceedings as conducted in accordance with the direction.”