Courts Have New Powers To Allow Remote Observation Of Hearings

From today, courts and tribunals have new powers to allow reporters and other members of the public to observe hearings remotely, under new s.85A of the Courts Act 2003 and the Remote Observation and Recording (Courts and Tribunals) Regulations 2022. The Lord Chief Justice and the Senior President of Tribunals have issued practice guidance to the judiciary on the new powers.

These provisions replace the temporary provisions under the Coronavirus Act 2020, which enabled courts and tribunals to direct the broadcasting of proceedings that were conducted as "wholly video" or "wholly audio" proceedings, but gave no similar powers in respect of in-person or hybrid hearings. That gave rise to some uncertainty as to the extent to which individuals who were interested in proceedings (such as client representatives) could be given remote access where the proceedings were not being conducted wholly remotely.