Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 198 is up to date with all changes known to be in force on or before 17 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 13Procedures in courts and tribunals
Transmission and recording of court and tribunal proceedings
I1198Remote observation and recording of court and tribunal proceedings
1
In the Courts Act 2003, after section 85 insert—
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
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
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;
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
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.
2
In section 41 of the Criminal Justice Act 1925 (prohibition of photography etc in court)—
a
after subsection (1) insert—
1ZA
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).
b
in subsection (1A), after “provide for” insert “further”
.
3
In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) (prohibition of photography etc in court), after subsection (1) insert—
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).
4
In section 9 of the Contempt of Court Act 1981 (prohibition of tape recording etc), after subsection (4) insert—
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).