The Courts and Tribunals Judiciary has provided Practice Guidance on the new powers under section 85A of the Courts Act 2003 which allows courts and tribunals to permit the remote observation of hearings by reporters and members of the public. These powers come into effect from 28 June 2022 with the introduction of the Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2) Regulations 2022, SI 2022/704, which brings into force section 201(2) of the Police, Crime, Sentencing and Courts Act 2022. The guidance states that under the legislation, any court, tribunal or body exercising the judicial power of the state can direct that proceedings be transmitted electronically to enable those not taking part in the proceedings to watch and listen. The Remote Observation and Recording (Courts and Tribunals) Regulations 2022, SI 2022/705, provide further detail on when and how the court will permit remote observation of hearings.
In light of the new powers, the government has updated its guidance on observing a court or tribunal hearing to include a subsection entitled ‘Observing a hearing remotely’, as well as its guidance for HM Courts and Tribunals Service staff on supporting media access to courts and tribunals.
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