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
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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.
Updates to this page
Published 5 October 2023Last updated 18 October 2023 + show all updates
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Added translation
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First published.