It is a pleasure to serve under your chairmanship, Ms Jardine. I propose to deal with clauses 1 and 2 together, as you set out. This modest but important Bill amends current legislation to enable defendants and debtors in specific types of cases heard in the magistrates court or county or family courts to be able to appear before the court remotely via live audio or video link. The use of remote video and audio links is common and already used in civil, family and criminal jurisdictions, delivering significant benefits through swifter access to justice and by utilising the court estate efficiently, particularly at a time of backlogs.
As a result of the Bill, two categories of case will be able to be heard remotely. That means that those in breach of some injunctions and orders in the county and family courts, as well as persistent defaulters on orders to pay council tax, will now be able to appear remotely. That ability to appear remotely is especially important, because in many cases, defendants must be physically brought before the courts within 24 hours of their arrest for breach of these civil injunctions. Sometimes, that is not possible. Defendants may be arrested out of hours and court facilities may be some distance away, all while the clock, as set out in the current legislation, is running down. The Bill addresses those points. People who are arrested for those breaches will now be able to appear remotely, as will those who are defaulters of orders to pay their council tax.
But remote does not mean less access to justice. The courts recognise that a remote hearing is no less capable, in principle, of being fair than a hearing at which all parties are physically present. That has been affirmed by His Majesty’s Courts and Tribunals Service’s evaluation of remote hearings during the covid-19 pandemic.
Importantly, the Bill does not mandate remote hearings. It enables a defendant or debtor to attend a court in person or by live video or audio link at judicial discretion. Once a person is before the court, the ultimate determination of whether to have a remote hearing will be by the judge, who will make their own ruling, having heard from all the parties and taking into consideration the circumstances of the case.
With that background in mind, I turn to the clauses. Clause 1(1) sets out the required legislative changes for an amendment to section 47 of the Family Law Act 1996 in relation to arrest for breach of order. It inserts proposed new subsection (13), which provides that the defendant may appear before the court either by way of live audio or video link. Clause 1(2) amends section 9 of the Anti-social Behaviour, Crime and Policing Act 2014 in relation to arrest without warrant. It inserts proposed new subsection (7), which provides that the defendant may appear before the court either by way of live audio or live video link.
Clause 1(3) amends section 43 of the Policing and Crime Act 2009 in relation to arrest without warrant. It inserts proposed new subsection (8), which provides that the defendant may appear before the court either by way of live audio or video link. Clause 1(4) amends paragraph 8(1A) of schedule 4 to the Local Government Finance Act 1992 in relation to enforcement in England and Wales. It inserts new sub-paragraph (b), which provides that the debtor, subject to an application under paragraph 8(1A), may appear before the court either by way of live audio or video link.
Clause 1 sets out the necessary changes to legislation so that a defendant or a debtor in certain circumstances can appear before a court via live link. These changes ensure that individuals who are arrested for breach of certain family or county court injunctions and orders, as well as persistent failures to pay council tax, can appear before the court in a timely and efficient manner using remote links.
At its core, the Bill enhances public safety, ensuring that dangerous individuals, in the case of breaches of injunctions, such as gang injunctions, are not released for want of finding a court or judiciary out of court hours. The use of remote links in court proceedings is relatively common and has delivered significant benefits already. This provision will provide greater flexibility, at judicial discretion, where it is appropriate. As I said, it does not mandate that remote links must be used. Access to justice is not curtailed by this Bill. The defendant or debtor will be able to make representations to the judge, and the existing safeguards of access to legal representatives remain.
Subsections (1), (2) and (3) of clause 2 provide that the Bill extends to England and Wales; that it will come into force at the end of the period of two months following Royal Assent; and that it may be cited as the Courts (Remote Hearings) Act 2025 once in force. There is nothing controversial about these arrangements. I commend both clauses to the Committee.