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HMCTS and HMPPS video hearing service 'virtual custody' Memorandum of Understanding

This Memorandum of Understanding (MoU) clarifies the ‘virtual custody’ of the prisoner during their remote hearing and preceding private consultation with their legal representative on the Video Hearing service.

Applies to England and Wales

Documents

Memorandum of Understanding between His Majesty’s Courts and Tribunals Service and His Majesty’s Prison and Probation Service

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Memorandwm Cyd-dealltwriaeth rhwng Gwasanaeth Llysoedd a Thribiwnlysoedd Ei Fawrhydi a Gwasanaeth Carchardai a Phrawf Ei Fawrhydi

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If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email hmctsforms@justice.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Details

This Memorandum of Understanding (MoU) has been agreed between HM Courts and Tribunals Service (HMCTS) and HM Prison and Probation Service (HMPPS).

This MoU formalises the relationship of shared risk and responsibility between HMCTS and HMPPS during the ‘virtual custody’ of the prisoner during their remote hearing and preceding private consultation with their legal representative.

The term ‘virtual custody’ developed through engagement about the custody of the prisoner whilst they remain on virtual platforms for remote hearings where prison staff might not have direct physical oversight over the prisoner.

The MoU encourages constructive co-operation between HMCTS and HMPPS in navigating the virtual custody of the prisoner during their time on Video Hearing service and holding remote hearings more broadly.

This MoU is not a legally enforceable instrument, but the parties to it will act in good faith and nevertheless consider themselves to be bound by its terms.

Published 5 October 2023
Last updated 18 October 2023 + show all updates
  1. Added translation

  2. First published.