Permanence of Coronavirus Recovery and Reform Act measures: consultation analysis

Annex 2: Questions from the consultation

1. It is proposed that the provisions for Chapter 1 (conduct of business by electronic means in criminal cases : documents) will be made permanent. Which of the following best describes your view?

2. It is proposed that the provisions for Chapter 2 (virtual attendance - criminal courts) will be made permanent. Which of the following best describes your view?

3. It is proposed that the provisions for Chapter 3 (national jurisdiction for callings from custody etc.) will be made permanent. Which of the following best describes your view?

4. It is proposed that the provisions for Chapter 4 (fiscal fines) will be made permanent. Which of the following best describes your view?

5. Do you agree or disagree with the proposal that digital evidence should be used to produce evidence in courts in criminal cases rather than having to produce the original item in court?

6. Do you agree or disagree with the proposal that where an image is produced that it can be treated as if it was the item itself that was being produced?

7. Do you agree or disagree that the current procedural framework, as outlined in chapter 5, would allow the defence to seek for the physical production to be brought to court if its absence would prejudice a fair trial?

8. It is proposed that the transfer of digital files to any reliable digital evidence system such as DESC (which has a robust audit system) should remove the requirement of certification as outlined in the scheme under the 1995 Act. Which of the following best describes your view on this proposal?

9. It is proposed that any type of document uploaded to DESC should be accepted as a true copy without the need for separate certification. Which of the following best describes your view on this proposal?

10. It is proposed that any issue in relation to the admissibility of the copy held in DESC could be raised through the pre-trial hearing system already in place. Which of the following best describes your view on this proposal?

11. It is proposed that the court is given a discretion to allow a document to be led in evidence if satisfied it is a copy document despite any defect in certification. Which of the following best describes your view on this proposal?

12. It is proposed that the court should be able to hear evidence from witnesses, to allow it to be satisfied that the document can be deemed a true copy and treated for evidential purposes as if it were the document or material part of the document. Which of the following describes your view on this proposal?

13. Out with the proposals outlined in chapters 1-6, do you think any further legislative changes are needed to support the modernisation of criminal justice procedures through greater use of digital processes in order to achieve our ambitions of an efficient and resilient criminal justice system?