R v Chalabian (No. 7)

The case involved a criminal trial before a jury where the accused, Chalabian, was on bail. The accused tested positive for COVID-19 and was required to self-isolate for seven days. Both parties applied for the accused to appear at trial by audio-visual link. The legal issue before the court was whether the accused could appear at trial by audio-visual link during the period of self-isolation under section 22C(3A) of the Evidence (Audio and Audio Visual Links) Act 1998. The court found that the accused could appear at trial by audio-visual link during the period of self-isolation, provided that it was in the interests of justice to do so. The court also gave directions for the accused to appear at trial by audio-visual link during the period of self-isolation. The outcome was that the accused could appear at trial by audio-visual link during the period of self-isolation, subject to the directions given by the court. This decision was made in the interests of justice and to ensure that the trial could proceed in a timely and efficient manner.

The court found that the application of section 22C(3A) of the Evidence (Audio and Audio Visual Links) Act 1998 was appropriate in this case. The court noted that the accused had tested positive for COVID-19 and was required to self-isolate for seven days. The court also noted that both parties had applied for the accused to appear at trial by audio-visual link. The court found that it was in the interests of justice for the accused to appear at trial by audio-visual link during the period of self-isolation. The court also gave directions for the accused to appear at trial by audio-visual link during the period of self-isolation. These directions included ensuring that the accused was in a suitable location to appear at trial by audio-visual link and that the necessary technology was available. The court also directed that the accused be given the opportunity to address the court in person at the conclusion of the trial, if the accused was no longer required to self-isolate.