Under what conditions may a court open a preparatory hearing through a video relay facility or an internet video device when the defendant does not appear?
General information · Not legal advice
Material to check
In a practice file we read the record showing that the defendant did not appear, the defence counsel's opinion and the prosecutor's opinion as taken by the court, and any note of the relay or internet video arrangement used, since the defendant's non-appearance and the opinions each correspond to a condition the provision attaches, while the note shows the means of remote opening the provision names.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes every condition in order: the court, where the defendant does not appear, may open the preparatory hearing through a video relay facility or by using an internet video device, but only where it finds that appropriate and only after hearing the opinions of the prosecutor and defence counsel.
Another reading notes what the provision does not fix: it sets no standard for when remote attendance is 'appropriate', does not say how the opinions are to be given, and leaves the procedure, the method and other necessary matters to Supreme Court rules, so the defendant's non-appearance, the finding and the opinions are the only stated gates.
Your judgment
Where no defence counsel has yet been appointed for an absent defendant, how could the court hear the opinion of defence counsel that the provision requires before opening the hearing remotely?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change its conditions, if the Supreme Court rules made under it set out the procedure and method, or if a court decision explains when remote opening counts as appropriate.