SP Bill 52B Session 6 (2025) 2 Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill Part 1 —Criminal justice modernisation (2) For the purposes of this section— (a) electronic transmission of a document by one person (“the sender”) to another person (“the recipient”) must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive 5 the document, (b) the recipient’s indication of willingness to receive a document in a particular way may be— (i) specific to the document in question or generally applicable to documents of that kind, 10 (ii) expressed specifically to the sender or generally (for example on 1 a website), (iii) inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again, 15 (c) the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document from the sender to the recipient. (3) In this section, references to giving a person a document include— (a) serving a document on a person, 20 (b) sending a document to a person, and (c) lodging a document with, or otherwise applying to or petitioning, a court. 303E Documents to which sections 303C and 303D apply (1) The types of document referred to in sections 303C and 303D are— (a) an order, warrant, sentence, citation, minute or any other document 25 produced by a court, (b) an extract of any document referred to in paragraph (a), (c) any document that an enactment requires to be given to a person in connection with, or in order to initiate, criminal proceedings, (d) any document that an enactment requires to be signed or initialled in 30 order that it, or any other thing, may be used in criminal proceedings for any purpose including— (i) being used as evidence, or (ii) being treated as sufficient evidence of a matter. (2) But a type of document mentioned in subsection (1) is not to be regarded as 35 mentioned in that subsection for the purposes of section 303C or 303D (or both) if the Lord Justice General directs that it is not. (3) A direction under subsection (2)— (a) may relate to some or all criminal proceedings, (b) may be varied or revoked, 3 Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill Part 1 —Criminal justice modernisation (c) must be made publicly available for so long as it has effect. 303F Interpretation of sections 303C to 303E In sections 303C to 303E of this Act— (a) references to a court include an office holder of a court, 5 (b) “document” includes a copy of a document.”. (3) The following provisions are repealed— (a) in section 66, subsections (6C), (6D) and (6E), (b) section 72G, (c) section 148D. 10 2 Virtual attendance at court 1 (1) The Criminal Procedure (Scotland) Act 1995 is modified as follows. (2) After section 303F (inserted by section 1) insert— “Virtual attendance at court 303G Suspension of requirement for physical attendance in criminal trials 15 (1) This section applies in relation to a hearing in criminal proceedings in which— (a) a person is to give evidence, and (b) section 303H does not apply. (2) A court may disapply any requirement (however expressed) that a person physically attend the court by directing that the person need not do so. 20 (3) A court may disapply a requirement for a person’s physical attendance under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance with section 303K would not— (a) prejudice the fairness of the proceedings, or (b) otherwise be contrary to the interests of justice. 25 (4) Nothing in this section affects any other basis upon which a person need not physically attend a court. (5) References in this section to physically attending a court are to— (a) being in a particular place, or (b) being in the same place as another person, 30 for the purpose of any proceedings before a court or an office holder of a court. 303H Suspension of requirement for physical attendance in criminal proceedings where only party is a public official (1) This section applies in relation to criminal proceedings in which the only party 35 is a public official. 4 Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill Part 1 —Criminal justice modernisation (2) Any requirement (however expressed) that a person physically attend a court does not apply, unless the court directs the person to physically attend. (3) A court may direct a person to physically attend under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance 5 with section 303K would— (a) prejudice the fairness of the proceedings, or (b) otherwise be contrary to the interests of justice. (4) Nothing in this section affects any other basis upon which a person need not physically attend a court. 10 (5) References in this section to physically attending a court are to be construed 1 in accordance with section 303G(5). 303I Directions under sections 303G and 303H (1) A court may issue a direction under section 303G(2) or 303H(2) on the motion of a party or of its own accord. 15 (2) The power to issue a direction under section 303G(2) or 303H(2) includes the power to revoke an earlier direction under that section. (3) In considering whether to issue a direction under section 303G(2) or 303H(2), the court must— (a) give all parties an opportunity to make representations (subject to 20 subsection (4)), and (b) have regard to any guidance issued by the Lord Justice General. (4) A court may, of its own accord, issue the first direction under section 303G(2) or 303H(2) in relation to a hearing or proceedings without having given the parties an opportunity to make representations. 25 (5) Where a direction under section 303G(2) or 303H(2) is issued as described in subsection (4), the court must— (a) take steps to ensure that the parties are aware of their right to make a motion for the revocation of the direction, and (b) deal with any motion for the direction’s revocation, 30 before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged. 303J Suspension of requirement for physical attendance in other criminal hearings or proceedings 35 (1) This section applies in relation to any criminal proceedings other than— (a) a hearing to which section 303G applies, or (b) proceedings to which section 303H applies. 5 Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill Part 1 —Criminal justice modernisation (2) Any requirement (however expressed) that a person physically attend a court does not apply if— (a) a determination made by the Lord Justice General states that it does not, and 5 (b) the court has not directed the person to physically attend. (3) A determination under subsection (2)(a)— (a) may, in particular, disapply a requirement for physical attendance— (i) in relation to persons, hearings or proceedings described in the determination, 10 (ii) by enabling a court to disapply it in circumstances specified in the 1 determination, (b) may make different provision for— (i) different purposes, (ii) different areas, 15 (c) may be varied or revoked, (ca) must set out the reason for making the determination, (d) must be made publicly available for so long as it has effect. (4) The Lord Justice General may make a determination under subsection (2)(a) disapplying a requirement for physical attendance only if (taking into account...