New regulations and practice guidance came into effect on 28 June 2022 for the remote observation of court and tribunal hearings (including in the tax tribunals).
In summary, the new rules mean that members of the public can now observe video hearings, live-streamed in-person hearings and hybrid hearings, if the tribunal so directs. Observers will need to identify themselves, although the tribunal can decide to dispense with names if the observers are able to provide other means of identification.
The Remote Observation and Recording (Courts and Tribunals) Regulations, SI 2022/705, enable the courts and tribunals to make a direction for proceedings to be transmitted to individuals watching and listening remotely. The power to make such directions is provided by Courts Act 2003 s 85A. Taken together, the effect of s 85A and the regulations is that remote observation directions apply from 28 June 2022.
The regulations specify the proceedings in which the power may be exercised, enabling any court or tribunal (except the Supreme Court or a devolved court or tribunal) to make use, at judicial discretion, of the power to direct audio or video transmissions to remote observers in proceedings in which those observers are entitled to be present.
The regulations also specify matters of which the court must be satisfied before making a direction, matters the court must take into account before making a direction, and provisions that must be included in any such direction.
Measures which had previously been introduced in 2020 under the Coronavirus Act to allow temporary remote access to proceedings are broadly replaced by the new legislation which puts the remote access provisions onto a permanent footing. The Police, Crime, Sentencing and Courts Act 2022 (Commencement No 2) Regulations, SI 2022/704, broadly empower the repeals of the temporary powers in the Coronavirus Act 2020 Sch 25.
The Lord Chief Justice and Senior President of Tribunals have issued guidance on the powers to allow reporters and members of the public to observe court and tribunal hearings remotely from 28 June 2022. The new guidance Practice Guidance on Remote Observation of Hearings – New Powers aims to help judicial office holders understand and apply the new law, but will also be helpful practical guidance for all involved in tribunal case work.
New regulations and practice guidance came into effect on 28 June 2022 for the remote observation of court and tribunal hearings (including in the tax tribunals).
In summary, the new rules mean that members of the public can now observe video hearings, live-streamed in-person hearings and hybrid hearings, if the tribunal so directs. Observers will need to identify themselves, although the tribunal can decide to dispense with names if the observers are able to provide other means of identification.
The Remote Observation and Recording (Courts and Tribunals) Regulations, SI 2022/705, enable the courts and tribunals to make a direction for proceedings to be transmitted to individuals watching and listening remotely. The power to make such directions is provided by Courts Act 2003 s 85A. Taken together, the effect of s 85A and the regulations is that remote observation directions apply from 28 June 2022.
The regulations specify the proceedings in which the power may be exercised, enabling any court or tribunal (except the Supreme Court or a devolved court or tribunal) to make use, at judicial discretion, of the power to direct audio or video transmissions to remote observers in proceedings in which those observers are entitled to be present.
The regulations also specify matters of which the court must be satisfied before making a direction, matters the court must take into account before making a direction, and provisions that must be included in any such direction.
Measures which had previously been introduced in 2020 under the Coronavirus Act to allow temporary remote access to proceedings are broadly replaced by the new legislation which puts the remote access provisions onto a permanent footing. The Police, Crime, Sentencing and Courts Act 2022 (Commencement No 2) Regulations, SI 2022/704, broadly empower the repeals of the temporary powers in the Coronavirus Act 2020 Sch 25.
The Lord Chief Justice and Senior President of Tribunals have issued guidance on the powers to allow reporters and members of the public to observe court and tribunal hearings remotely from 28 June 2022. The new guidance Practice Guidance on Remote Observation of Hearings – New Powers aims to help judicial office holders understand and apply the new law, but will also be helpful practical guidance for all involved in tribunal case work.
