Irish Act for Remote Civil and Criminal Proceedings during Covid-19: Rules and Provisions, Lecture notes of Criminal Law

Download Irish Act for Remote Civil and Criminal Proceedings during Covid-19: Rules and Provisions and more Lecture notes Criminal Law in PDF only on Docsity! Number 13 of 2020 Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 [2020.] Civil Law and Criminal Law [No. 13.] (Miscellaneous Provisions) Act 2020. ACTS REFERRED TO Charities Act 2009 (No. 6) Civil Law (Miscellaneous Provisions) Act 2008 (No. 14) Companies Act 2014 (No. 38) Coroners Act 1962 (No. 9) Coroners Acts 1962 to 2019 Courts of Justice Act 1953 (No. 32) Criminal Evidence Act 1992 (No. 12) Criminal Justice Administration Act, 1914 (4 & 5 Geo. 5) c.58 Criminal Procedure Act 1967 (No. 12) European Arrest Warrant Act 2003 (No. 45) Extradition Act 1965 (No. 17) International Criminal Court Act 2006 (No. 30) International War Crimes Tribunals Act 1998 (No. 40) Interpretation Act 2005 (No. 23) Prisons Act 2007 (No. 10) Social Welfare Consolidation Act 2005 (No. 26) 3 4 Number 13 of 2020 CIVIL LAW AND CRIMINAL LAW (MISCELLANEOUS PROVISIONS) ACT 2020 An Act to make provision for the assignment and appointment of temporary coroners in certain exceptional circumstances; to provide for the authorisation of deputy coroners to act concurrently with coroners in certain exceptional circumstances; and for those and other purposes to amend the Coroners Act 1962; to provide for the admissibility, in certain circumstances, of business records in civil proceedings; to make provision for remote hearings and the use of electronic means in civil proceedings and the making of statements of truth; to make provision for the making of certain applications in certain proceedings using live video link, the giving of certain evidence using live video link, the remote hearing of certain proceedings in the Court of Appeal and Supreme Court, the amendment of section 17 of the Criminal Justice Administration Act, 1914, the power of a court to make arrangements for the conduct of certain proceedings and the repeal of sections 33 and 34 of the Prisons Act 2007; to make provision for the holding of meetings of State bodies by remote meeting; to make provision, having regard to the risk to human life and public health posed by the spread of the disease known as Covid-19, in relation to the holding of meetings of unincorporated bodies by remote meeting; to make provision for bodies conducting hearings under enactments to do so by remote means; to make provision for the execution of certain documents in counterpart; to amend the Courts of Justice Act 1953; and to provide for related matters. [6th August, 2020] Be it enacted by the Oireachtas as follows: PART 1 PRELIMINARY AND GENERAL Short title, commencement and collective citation 1. (1) This Act may be cited as the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020. 5 PT.2 S.7 [No. 13.] Civil Law and Criminal Law [2020.] (Miscellaneous Provisions) Act 2020. may be, from the expiration of the last period of renewal under this paragraph. (c) An assignment or appointment shall not be renewed under paragraph (a) or (b) unless the Minister is satisfied that at the time the renewal is requested— (i) the exceptional circumstances referred to in subsection (1) exist, and (ii) such renewal is necessary for the purpose referred to in that subsection. (6) The appointment of a person as a temporary coroner shall cease upon the person attaining the age of 75 years. (7) A request by a coroner under subsection (1) or (5) shall— (a) be in writing, and (b) specify the exceptional circumstances referred to in subsection (1) which apply and the reasons why the coroner considers that such assignment, appointment or renewal, as the case may be, is necessary for the coroner’s district concerned for the purpose referred to in that subsection. (8) The Minister shall, before making or renewing an assignment or appointment under this section, consult— (a) in the case of a coroner’s district other than the coroner’s district of Dublin, with the local authority in whose area the district is situate, and (b) in the case of a proposed assignment under subsection (1)(a) of a person who stands appointed in another district as a deputy coroner, with the coroner for that other district. (9) Where a person is assigned or appointed to act as a temporary coroner under this section, the Minister shall— (a) in the case of a coroner’s district other than the coroner’s district of Dublin, designate the coroner who made the request under this section as the senior coroner for that district for the period of such assignment or appointment and that senior coroner shall, for that period, order the work of the district, and (b) in the case of the coroner’s district of Dublin where no senior coroner is designated under subsection (7) or (9) of section 6A, designate the coroner for the coroner’s district of Dublin who made the request as the senior coroner for that district for the period of such assignment or appointment and that senior coroner shall, for that period, order the work of the district. 8 [2020.] Civil Law and Criminal Law PT.2 S.7 [No. 13.] (Miscellaneous Provisions) Act 2020. (10) During the illness or absence of the person designated under subsection (9) to be the senior coroner for a coroner’s district, the Minister may designate the deputy coroner for the district concerned to perform the functions of the senior coroner for that district for any period during such illness or absence. (11) A designation under subsection (9) or (10) shall not affect the independence of any other coroner, or of any other person exercising the powers and duties of the coroner, for that district, in the performance of his or her functions as such. (12) A person assigned or appointed to act as a temporary coroner under this section shall, during such period of assignment or appointment, have all the powers and duties, other than a power to appoint a deputy coroner, of a coroner for the coroner’s district concerned. (13) An assignment or appointment made under this section may be revoked by the Minister at any time. (14) (a) A person assigned or appointed to act as a temporary coroner under this section for the coroner’s district of Dublin shall be paid such salary, inclusive of any travelling, subsistence and other out- of-pocket expenses incurred by him or her in the course of his or her duties as temporary coroner, as may be agreed with the Minister. (b) A person assigned or appointed to act as a temporary coroner under this section for a coroner’s district other than the coroner’s district of Dublin shall be paid such salary, inclusive of any travelling, subsistence and other out-of-pocket expenses incurred by him or her in the course of his or her duties as temporary coroner, as may be agreed with the local authority in whose area the district is situate. (15) The Minister, in the case of the coroner’s district of Dublin, or the local authority in whose area the district is situate, in the case of any other coroner’s district, shall pay such expenses, other than out-of- pocket expenses, as the temporary coroner incurs in the course of his or her duties as temporary coroner.”. Arrangements for coroners’ districts other than coroner’s district of Dublin 8. The Principal Act is amended by the insertion of the following section after section 13A: “13B.(1) In addition to the instances set out in section 13(3) where a deputy coroner may act for the coroner by whom he or she was appointed, the Minister may, in exceptional circumstances arising from the number or nature of deaths resulting from a pandemic, catastrophic event or other occurrence leading to mass fatalities, upon a request in that behalf from a coroner for a coroner’s district other than the coroner’s district 9 PT.2 S.8 [No. 13.] Civil Law and Criminal Law [2020.] (Miscellaneous Provisions) Act 2020. of Dublin, authorise a deputy coroner appointed by that coroner to act temporarily for that coroner in that district if the Minister is satisfied that such authorisation is necessary for the purpose of increasing the number and progress of inquiries under this Act into deaths in that district. (2) An authorisation under subsection (1) shall be made only with the consent of the deputy coroner concerned. (3) An authorisation under subsection (1) shall be in writing and shall be made for a specified period, not exceeding 6 months, from the date of the authorisation. (4) (a) Subject to paragraph (b), an authorisation may, upon a request in that behalf from the coroner of the coroner’s district concerned and with the consent of the person who is the subject of the authorisation, be renewed from time to time in writing by the Minister for a further period not exceeding 6 months from the expiration of the period specified in accordance with subsection (3) or, as the case may be, from the expiration of the last period of renewal under this subsection. (b) An authorisation shall not be renewed under paragraph (a) unless the Minister is satisfied that at the time the renewal is requested— (i) the exceptional circumstances referred to in subsection (1) exist, and (ii) such renewal is necessary for the purpose referred to in that subsection. (5) A request by a coroner under subsection (1) or (4) shall— (a) be in writing, and (b) specify the exceptional circumstances referred to in subsection (1) which apply and the reasons why the coroner considers that such authorisation or renewal, as the case may be, is necessary for the coroner’s district concerned for the purpose referred to in that subsection. (6) The Minister shall, before making or renewing an authorisation under this section, consult with the local authority in whose area the coroner’s district is situate. (7) The Minister shall, where an authorisation is in force under this section and no senior coroner stands designated under section 11B(9) (a), designate the coroner who made the request under this section as the senior coroner for that district for the period of such authorisation and that senior coroner shall order the work of the district. 10 [2020.] Civil Law and Criminal Law PT.3 S.11 [No. 13.] (Miscellaneous Provisions) Act 2020. documents) in respect of the conduct of the proceedings as may be made in respect of proceedings that are not so-conducted, and (b) a person who participates by remote hearing in the proceedings shall, in respect of such participation— (i) be deemed to be present at the proceedings concerned, and (ii) have the same immunities and privileges, and shall be subject to the same obligations and liabilities, as he or she would were he or she participating in proceedings that are not so-conducted. (7) A person who, in relation to relevant proceedings that are conducted by remote hearing— (a) with the intention of frustrating the participation by a person in the proceedings, interferes with or obstructs the electronic communications technology employed in the proceedings, or (b) makes, without the permission of the court, any recording of the proceedings, shall be guilty of an offence and shall be liable— (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or (ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or both. (8) Proceedings for an offence— (a) under subsection (7), or (b) committed, whether under subsection (7) or otherwise, by a person in connection with his or her participation by remote hearing in relevant proceedings, may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State. (9) Where a judge of the District Court or a judge of the Circuit Court conducts relevant proceedings by remote hearing, the judge concerned— (a) shall, for all purposes connected with the proceedings concerned, be deemed to be present at a sitting of the District Court or a sitting of the Circuit Court, as the case may be, whether or not the judge is present in the court in which the proceedings would, but for this section, be conducted, and (b) may, in relation to the district court district or circuit court circuit, as the case may be, to which he or she is assigned, exercise, in respect of the proceedings concerned, while in any place in the State, whether in or outside that district or circuit, as the case may be, any power for the time being conferred on him or her by law if, but only if, he or she would be entitled to exercise the power concerned at a sitting of the District Court or Circuit Court, as the case may be, in that district or circuit. 13 PT.3 S.11 [No. 13.] Civil Law and Criminal Law [2020.] (Miscellaneous Provisions) Act 2020. (10) This section applies to civil proceedings whether such proceedings are brought before on or after the commencement of the section. (11) The power of a court under subsection (1) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court in the case of any other Court. (12) In the interests of the administration of justice and the determination of relevant proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, the Chief Justice in the case of the Supreme Court, and the President of a Court in the case of any other Court, may issue practice directions in relation to the conduct of relevant proceedings before it. (13) A practice direction under subsection (12) may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the Chief Justice or, as the case may be, the President of the Court concerned, to be necessary or expedient for the purposes of the direction. (14) A practice direction shall be published in such manner as the Chief Justice or the President of the Court concerned may direct. (15) Nothing in this section shall be construed as operating to interfere with the power of a court under any enactment or rule of law to require or provide for civil proceedings to proceed by remote hearing, or to otherwise regulate the conduct of proceedings before it. (16) For the purposes of this section, a person participates by remote hearing in proceedings where he or she so-participates— (a) from a location other than the court itself, whether within the State or outside the State, and (b) by means of electronic communications technology. (17) In this section— “electronic communications technology”, in relation to a remote hearing, means technology that enables real time transmission and real time two-way audio-visual or audio communication that enables a person to participate in the hearing from a location other than the court itself; “part”, in relation to proceedings, includes— (a) any hearing in the proceedings, and (b) the participation of a particular person in the proceedings; “proceedings” includes a part of proceedings; “relevant proceedings” means proceedings that are the subject of a direction under subsection (1) or (2); 14 [2020.] Civil Law and Criminal Law PT.3 S.11 [No. 13.] (Miscellaneous Provisions) Act 2020. “remote hearing” means a hearing in proceedings in which one or more of the participants participates— (a) from a location other than the court itself, whether within the State or outside the State, and (b) by means of electronic communications technology. CHAPTER 3 Business records and other documents in civil proceedings Definition (Chapter 3) 12. In this Chapter— “business” includes any trade, profession or other occupation carried on, whether for profit or otherwise, either within or outside the State and includes also the performance of functions by or on behalf of— (a) any person or body remunerated or financed wholly or partly out of moneys provided by the Oireachtas, (b) a charity within the meaning of the Charities Act 2009, (c) any institution of the European Union, (d) any national or local authority in a jurisdiction outside the State, or (e) any international organisation; “document” includes— (a) a map, plan, graph, drawing or photograph, or (b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form. Business records in document form presumed to be admissible 13. Subject to this Chapter, in civil proceedings any record in document form compiled in the ordinary course of business shall be presumed to be admissible as evidence of the truth of the fact or facts asserted in such a document where such a document complies with the requirements of this Chapter. Admissibility of business records: general 14. (1) Subject to this Chapter, information contained in a document shall be admissible in any civil proceedings as evidence of any fact in the document of which direct oral evidence would be admissible if the information— (a) was compiled in the ordinary course of a business, 15 PT.3 S.15 [No. 13.] Civil Law and Criminal Law [2020.] (Miscellaneous Provisions) Act 2020. the whole or any specified part of the information concerned unless, not later than 7 days before the commencement of the civil trial, a notice objecting to its admissibility is served by or on behalf of that party on each of the other parties to the proceedings. (3) A document required by this section to be served on any person may be served— (a) by delivering it to him or her or to his or her solicitor, (b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business or by addressing it to his or her solicitor and leaving it at the solicitor’s office, (c) by sending it by registered post to him or her at his or her usual or last known residence or place of business or to his or her solicitor at the solicitor’s office, or (d) in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it by registered post to the secretary or clerk of that body at that office. (4) This section is without prejudice to provisions in any other enactment concerning the power to produce evidential material. Admission and weight of business records evidence 16. (1) In any civil proceedings, information or any part thereof that is admissible in evidence by virtue of section 14 shall not be admitted if the court is of the opinion that in the interests of justice the information or that part ought not to be admitted. (2) In considering whether in the interests of justice all or any part of such information ought not to be admitted in evidence the court shall have regard to all the circumstances, including— (a) whether or not, having regard to the contents and source of the information and the circumstances in which it was compiled, it is a reasonable inference that the information is reliable, (b) whether or not, having regard to the nature and source of the document containing the information and to any other circumstances that appear to the court to be relevant, it is a reasonable inference that the document is authentic, and (c) any risk, having regard in particular to whether it is likely to be possible to controvert the information where the person who supplied it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to any other party to the civil proceedings or, if there is more than one, to any of them. (3) In estimating the weight, if any, to be attached to information given in evidence by virtue of this Chapter, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise. (4) This section is without prejudice to provisions in any other enactment concerning the admission of business records and the weight to be attributed to them. 18 [2020.] Civil Law and Criminal Law PT.3 [No. 13.] (Miscellaneous Provisions) Act 2020. Evidence as to credibility of supplier of information 17. (1) Where information is given in evidence by virtue of this Chapter— (a) any evidence which, if the person who originally supplied the information had been called as a witness, would have been admissible as relevant to his or her credibility as a witness shall be admissible for that purpose, (b) evidence may, with the leave of the court, be given of any matter which, if that person had been called as a witness, could have been put to him or her in cross- examination as relevant to his or her credibility as a witness but of which evidence could not have been adduced by the cross-examining party, and (c) evidence tending to prove that that person, whether before or after supplying the information, made (whether orally or not) a statement which is inconsistent with it shall, if not already admissible by virtue of section 14, be admissible for the purpose of showing that he or she has contradicted himself or herself. (2) This section is without prejudice to provisions in any other enactment concerning evidence as to the credibility of the supplier of information in business records. Copies of business records admissible 18. (1) Where, in accordance with this Chapter, information contained in a business record in document form is admissible in evidence in civil proceedings, the information may be given in evidence, whether or not the document is still in existence, by producing a copy of the document, or of the material part of it, authenticated in such manner as the court may approve, including as to its reliability. (2) It is immaterial for the purposes of subsection (1) how many removes there are between the copy and the original, or by what means (which may include transmission by means of electronic communication) the copy produced or any intermediate copy was made. Evidence of resolution of Dáil Éireann or Seanad Éireann 19. In any civil proceedings, evidence of the passing of a resolution by either House of the Oireachtas, whether before or after the commencement of this section, may be given by the production of a copy of the Journal of the proceedings of that House relating to the resolution and purporting to have been published by the Stationery Office. CHAPTER 4 Miscellaneous Use of electronic means in civil proceedings 20. (1) Notwithstanding any other enactment or rule of law, and without prejudice to any such provision in any enactment or rules of court, rules of court may, in relation to civil proceedings, make provision for— 19 PT.3 S.20 [No. 13.] Civil Law and Criminal Law [2020.] (Miscellaneous Provisions) Act 2020. (a) the lodgement or filing of a document with, and the making of an application to, a court by transmitting the document or application by electronic means to the court office concerned, (b) the issue by or on behalf of a court or court office, by transmitting the document concerned by electronic means, of any of the following: (i) a summons, civil bill, claim notice or other originating document; (ii) a judgment, decree or other order or determination of a court (including any judgment, decree or other order or determination entered in or issuing from a court office); (iii) any other document required under any enactment or rule of law to be issued by or on behalf of a court or court office; or (c) the transmission by or on behalf of a court or court office by electronic means of any other document or information required under any enactment or rule of law to be transmitted by or on behalf of a court or court office. (2) Where rules of court referred to in subsection (1) provide for the transmission of a document by electronic means, such rules may, in addition— (a) provide that such transmission be subject to such conditions and exceptions as may be specified in the rules, (b) in relation to the transmission of a document referred to in subsection (1)(a), require that— (i) such a document be authenticated, and (ii) the identity of the person transmitting such a document be verified, including by the provision of the personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005) issued to the person, in such manner as may be specified in the rules, and (c) specify whether such transmission is in place of, or is an alternative to, any other method by which such document could be filed, lodged, issued or transmitted, or such application could be made, as the case may be. (3) Rules of court may provide that, where a document that is required under any enactment or rule of law to be furnished to, or lodged or filed with, a court, is, in accordance with rules of court referred to in subsection (1), furnished to, or lodged or filed with, the court by electronic means— (a) a copy of that document transmitted by electronic means and displayed in readable form, or (b) a printed version of such a copy, shall be treated as the original of the document. 20 [2020.] Civil Law and Criminal Law PT.4 S.22 [No. 13.] (Miscellaneous Provisions) Act 2020. “relevant proceedings” means proceedings under— (a) the Extradition Act 1965, (b) Part II of the International War Crimes Tribunals Act 1998, (c) the European Arrest Warrant Act 2003, or (d) Part 3 of the International Criminal Court Act 2006, and includes any appeal proceedings or subsequent proceedings. Certain applications to court in criminal proceedings to be heard using live video link 23. (1) This section applies to an application to a court in criminal proceedings (in this section referred to as a “relevant application”) where— (a) the application is of a type specified in subsection (2), (b) the application is made or to be made by or on behalf of the Director of Public Prosecutions or the relevant person, and (c) the relevant person is legally represented, has obtained legal advice or has been given the opportunity of obtaining, or being provided with, such advice. (2) The following types of applications (other than an application under subsection (4), (8) or (10)) are specified for the purposes of subsection (1): (a) an application for bail or free legal aid; (b) in relation to proceedings on indictment, an application relating to and including the sentencing of the relevant person or any other application except— (i) an application made at the commencement of, or during, the trial, (ii) any other application that appears to the court to require the presence of the relevant person at the hearing, including— (I) an application relating to the capacity of the relevant person to stand trial, or (II) an application to dismiss the charges against the relevant person on the ground that there is not sufficient evidence to put him or her on trial; (c) in relation to proceedings in the District Court— (i) any other application in the proceedings prior to the hearing date, (ii) an application relating to and including the sentencing of the relevant person, or (iii) an application relating to the sending forward of the relevant person for trial or sentence from the District Court; (d) in relation to appeals from the District Court to the Circuit Court— (i) any other application in the proceedings prior to the hearing date, or 23 PT.4 S.23 [No. 13.] Civil Law and Criminal Law [2020.] (Miscellaneous Provisions) Act 2020. (ii) an application relating to and including the sentencing of the relevant person; (e) any application in appeal proceedings (other than an appeal referred to in paragraph (d)) or any subsequent proceedings. (3) A court may, of its own motion, on being satisfied that it is not contrary to the interests of justice, direct that— (a) all relevant applications of a type or a class that is specified in the direction, or (b) all relevant applications in relation to which the relevant person is of a class specified in the direction, shall be heard with the relevant person appearing using a live video link between the court and the place where the relevant person is located. (4) A relevant application to which a direction under subsection (3) does not apply may be heard with the relevant person appearing using a live video link between the court and the place where the relevant person is located, if the court so directs, whether on application to it or of its own motion, on being satisfied that— (a) the application being heard without the relevant person being present in court would not thereby be prejudicial to the relevant person, (b) the interests of justice do not require the presence of the relevant person at the hearing, (c) the facilities provided by a live video link between the court and the place where the relevant person is located are such as to enable such interpretation or translation as may be necessary during the hearing, (d) the relevant person and his or her legal representative are able to communicate in confidence during the hearing, (e) the application being heard without the relevant person being present in court is otherwise appropriate having regard to— (i) the nature of the application, (ii) the complexity of the hearing, (iii) the age of the relevant person, and (iv) his or her mental capacity, and (f) no other circumstances exist that warrant the relevant person’s presence in court for the hearing. (5) An application for a direction under subsection (4) may be made ex parte to the judge, or a judge, of the court concerned by or on behalf of the Director of Public Prosecutions or the relevant person. (6) The court may, if it considers it in the interests of justice to do so, require notice of an application for a direction under subsection (4) to be given to the relevant person or 24 [2020.] Civil Law and Criminal Law PT.4 S.23 [No. 13.] (Miscellaneous Provisions) Act 2020. his or her legal representative or, as the case may be, to the Director of Public Prosecutions. (7) Where an application is made for a direction under subsection (4) and the court refuses to give such a direction, it shall state its reasons for such refusal. (8) A court may, at any time after a direction is given under subsection (3), whether on application to it or of its own motion, make an order that the direction shall not apply in respect of a relevant application relating to a relevant person on the grounds that— (a) the live video link is not available, or (b) one or more of the matters specified in paragraphs (a) to (f) of subsection (4) do not apply in the relevant person’s case. (9) Where, on an application under subsection (8), the court refuses to make an order that the direction given under subsection (3) shall not apply in respect of the relevant application concerned, it shall state its reasons for such refusal. (10) The court may, at any time after a direction is given under subsection (4), whether on application to it by or on behalf of the relevant person or of its own motion, revoke the direction on the grounds that— (a) the live video link is not available, or (b) one or more of the matters specified in paragraphs (a) to (f) of subsection (4) do not apply in the relevant person’s case. (11) Where, on an application under subsection (10), the court refuses to revoke a direction given under subsection (4), it shall state its reasons for such refusal. (12) The court may, where a relevant person appears, or proposes to appear, using a live video link in accordance with this section and such video link fails or ceases to operate, make such ancillary order or direction as it considers necessary in the interests of justice. (13) Where the provisions of this section are complied with in relation to the hearing of a relevant application, the relevant person shall be deemed to be present in court for the purposes of any enactment or rule of law or order of any court otherwise requiring the presence in court of an accused or convicted person during criminal proceedings against him or her. (14) The power of a court under subsection (3) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court in the case of any other Court. (15) Without prejudice to the power of a court to make such provision in the absence of such rules, rules of court may make further provision to facilitate the hearing of a relevant application by the court using a live video link in accordance with this section. (16) This section— 25 PT.4 S.24 [No. 13.] Civil Law and Criminal Law [2020.] (Miscellaneous Provisions) Act 2020. (11) The court may, where a relevant person appears, or proposes to appear, using a live video link in accordance with this section and such video link fails or ceases to operate, make such ancillary order or direction as it considers necessary in the interests of justice. (12) Where the provisions of this section are complied with in relation to the hearing of a relevant application, the relevant person shall be deemed to be present in court for the purposes of any enactment or rule of law or order of any court otherwise requiring the presence in court of an accused or convicted person during relevant proceedings against him or her. (13) Nothing in this section affects the right of a relevant person to be present during any relevant proceedings other than the hearing of a relevant application. (14) The power of a court under subsection (2) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court in the case of any other Court. (15) Without prejudice to the power of the court to make such provision in the absence of such rules, rules of court may make further provision to facilitate the hearing of a relevant application by the court where the relevant person appears using a live video link between the court and the place where the relevant person is located. (16) This section— (a) shall apply to relevant proceedings, whether initiated before, on or after the coming into operation of this section, and (b) is without prejudice to section 26. Evidence through live video link 25. (1) Without prejudice to sections 13 and 29 of the Criminal Evidence Act 1992, in an application of a type specified in section 23(2) in criminal proceedings or in an application in relevant proceedings to which section 24 applies, a person other than the relevant person may, with the leave of the court give evidence, whether from within or outside the State, through a live video link. (2) Evidence given under subsection (1) shall be videorecorded or otherwise recorded in such manner as is provided for by the court or in rules of court. Remote hearing of appeal proceedings 26. (1) Subject to this section, the Court of Appeal or the Supreme Court may direct that any category or type of appeal proceedings before the court concerned shall proceed by remote hearing. (2) Without prejudice to the power of a court under subsection (1), and subject to this section, in any appeal proceedings before it, the Court of Appeal or the Supreme Court may, of its own motion or on the application of any of the parties, direct that the proceedings concerned shall proceed by remote hearing. 28 [2020.] Civil Law and Criminal Law PT.4 S.26 [No. 13.] (Miscellaneous Provisions) Act 2020. (3) A direction under subsection (1) or (2) may— (a) specify the electronic communications technology by which the proceedings are to proceed, and (b) include such ancillary or consequential directions as the court concerned considers appropriate. (4) In any applicable proceedings, where it appears to the court that the conduct of the proceedings in accordance with such a direction would be unfair to any of the parties or otherwise be contrary to the interests of justice, the court, of its own motion or on the application of any of the parties, and having heard the parties, shall, as the case may be— (a) direct that the direction under subsection (1) shall not apply in respect of the proceedings concerned, or (b) revoke the direction under subsection (2). (5) Without prejudice to the power of a court to conduct applicable proceedings by remote hearing in the absence of such rules, rules of court may make further provision for the conduct of applicable proceedings by remote hearing and, without prejudice to the generality of the foregoing, may make provision in relation to any or all of the following matters: (a) the means by which remote hearings are to take place; (b) the conduct of remote hearings; (c) the attendance of witnesses at remote hearings (including the compelling of such attendance); (d) the procedures by which a party or parties referred to in subsection (4) may object to the proceedings proceeding by remote hearing and the hearing and determination of such objections. (6) Where applicable proceedings are conducted by remote hearing— (a) the court shall have the same power, with any necessary modification, to make any orders (including orders for the attendance of witnesses and the production of documents) in respect of the conduct of the proceedings as may be made in respect of proceedings that are not so-conducted, and (b) a person who participates by remote hearing in the proceedings shall, in respect of such participation— (i) be deemed to be present at the proceedings concerned, and (ii) have the same immunities and privileges, and shall be subject to the same obligations and liabilities, as he or she would were he or she participating in proceedings that are not so-conducted. (7) A person who, in relation to applicable proceedings that are conducted by remote hearing— 29 PT.4 S.26 [No. 13.] Civil Law and Criminal Law [2020.] (Miscellaneous Provisions) Act 2020. (a) with the intention of frustrating the participation by a person in the proceedings, interferes with or obstructs the electronic communications technology employed in the proceedings, or (b) makes, without the permission of the court, any recording of the proceedings, shall be guilty of an offence and shall be liable— (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or (ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or both. (8) Proceedings for an offence— (a) under subsection (7), or (b) committed, whether under subsection (7) or otherwise, by a person in connection with his or her participation by remote hearing in applicable proceedings, may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State. (9) This section applies to appeal proceedings whether such proceedings are brought before on or after the commencement of the section. (10) The power of a court under subsection (1) may be exercised on behalf of the court by the Chief Justice, in the case of the Supreme Court, and by the President of the Court of Appeal, in the case of the Court of Appeal. (11) In the interests of the administration of justice and the determination of applicable proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, the Chief Justice, in the case of the Supreme Court, and the President of the Court of Appeal, in the case of the Court of Appeal, may issue practice directions in relation to the conduct of applicable proceedings before it. (12) A practice direction under subsection (11) may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the Chief Justice or the President of the Court of Appeal, as the case may be, to be necessary or expedient for the purposes of the direction. (13) A practice direction shall be published in such manner as the Chief Justice or the President of the Court of Appeal, as the case may be, may direct. (14) Nothing in this section shall be construed as operating to interfere with the power of a court under any enactment or rule of law to require or provide for appeal proceedings to proceed by remote hearing, or to otherwise regulate the conduct of proceedings before it. (15) For the purposes of this section, a person participates by remote hearing in proceedings where he or she so-participates— 30 [2020.] Civil Law and Criminal Law PT.5 S.29 [No. 13.] (Miscellaneous Provisions) Act 2020. (5) Where more than one Minister of the Government is a relevant Minister in relation to a particular State body, a relevant Minister, before making an order under subsection (3) in respect of the body, shall consult with all other relevant Ministers in relation to the body. (6) Nothing in this section shall be construed as operating to interfere with the power of a State body under an enactment or rule of law to hold a meeting by means of a conference referred to in subsection (1) or any similar means. (7) In this section a reference to— (a) members includes a reference to directors and to commissioners, and (b) a State body includes a reference to a board of the State body and to a committee or sub-committee of the State body or of such a board. (8) In this section— “electronic communications technology”, in relation to a meeting referred to in paragraph (a) or (b) of subsection (1), means technology that enables real time transmission and real time two-way audio-visual or audio communication; “designated State body” means a State body designated under subsection (3)(a); “designated meeting” means, in relation to a State body, a meeting or category of meeting held by the State body and designated under subsection (3)(b); “meeting”, in relation to a State body, does not include a meeting that consists of a hearing, at which a person the subject of any proceedings by the State body— (a) is entitled to appear or be represented, and (b) at which the person does so appear or is so represented; “relevant Minister” means, in relation to a State body, the Minister of the Government with responsibility for the body and in whom functions, whether statutory or otherwise, as respects the body are vested; “State body” means a body established— (a) by or under an enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or (b) under the Companies Act 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government. Remote meetings of unincorporated body 30. (1) For the duration of the interim period, and notwithstanding anything contained in the rules (howsoever described) of the body, the validity of a meeting of the members of an unincorporated body, or of a vote taken, decision made or other act done by such 33 PT.5 S.30 [No. 13.] Civil Law and Criminal Law [2020.] (Miscellaneous Provisions) Act 2020. members at a meeting, shall not be affected by virtue only of the fact that the meeting concerned was held in accordance with subsection (2) and not held in person. (2) A meeting referred to in subsection (1) is held in accordance with this subsection where the members participating in the meeting are not all in the one place, but each member is able, directly or by means of electronic communications technology, to speak to, and to be heard by, each of the other members. (3) The Government may, on the request of the Minister made after consultation with the Minister for Health, from time to time, by order extend the interim period for such period as they consider appropriate if they are satisfied that the making of such order is in the public interest having regard to the— (a) threat to public health presented by Covid-19, (b) highly contagious nature of that disease, and (c) need, in order to prevent, limit, minimize or slow the spread of Covid-19, to ensure that unnecessary physical contact between persons is avoided. (4) In this section— “Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations; “electronic communications technology”, in relation to a meeting referred to in subsection (1), means technology that enables real time transmission and real time two-way audio-visual or audio communication; “interim period” means— (a) the period of 3 months commencing on the coming into operation of this section, or (b) such other period (if any) as may be specified by order under subsection (3). Remote hearings by designated body 31. (1) Notwithstanding anything contained in the enactment concerned, but subject to subsections (2) and (5), a provision of an enactment relating to the holding by a designated body of a hearing shall apply subject to the following modifications and any other necessary modifications: (a) a reference to the holding of a hearing shall be construed as a reference to the holding of such a hearing by remote hearing; (b) a reference to a person being required to attend in person before the designated body shall be construed as a reference to the person being required to participate by remote hearing in a hearing; 34 [2020.] Civil Law and Criminal Law PT.5 S.31 [No. 13.] (Miscellaneous Provisions) Act 2020. (c) a reference to a person being required to produce a document to a designated body shall be construed as a reference to the person being required to send by post, transmit by electronic means or otherwise deliver the document to the designated body; (d) the designated body shall be deemed to have the power to make such arrangements, and to adopt such practice and procedures, as are necessary to enable the conduct of a hearing by remote hearing. (2) Subsection (1) shall not apply in respect of a particular hearing where the designated body concerned, of its own volition, or following the making of representations by a person concerned, is of the opinion that the application of the subsection to the hearing would be unfair to the person, or would otherwise be contrary to the interests of justice. (3) A relevant Minister may, by order, designate a body for the purposes of this section, where he or she is satisfied that it is appropriate to do so having regard to the— (a) provisions of the enactment governing the conduct by the body of hearings, (b) nature of the hearings conducted by the body, and (c) need to ensure efficiency in the conduct of hearings under the enactment. (4) Where more than one Minister of the Government is a relevant Minister in relation to a particular body, a relevant Minister, before making an order under subsection (3) in respect of the body, shall consult with all other relevant Ministers in relation to the body. (5) Nothing in this section shall be construed as operating to interfere with the power of a body under an enactment or rule of law to hold hearings before it by remote hearing. (6) In this section— “body” means a body established by or under an enactment, or a body or person empowered under an enactment to hold a hearing for any purpose; “designated body” means a body designated under subsection (3); “electronic communications technology”, in relation to a hearing, means technology that enables real time transmission and real time two-way audio-visual or audio communication, enabling a person to participate in the hearing although not in the same place as another participant; “hearing” includes a part of a hearing and the hearing of an appeal or part of an appeal; “participant” in relation to a hearing, includes the designated body that is holding the hearing; “relevant Minister” means, in relation to a body, the Minister of the Government with responsibility for the body and in whom functions, whether statutory or otherwise, as respects the body are vested; 35