Can a judge sentence by video link? Court of Appeal explains the safeguards
Published 10 October 2026 | Peter Bonner & Co | Reviewed by Chris Carter
In reasons handed down on 8 October 2026, the Court of Appeal explained the safeguards required when a judge sentences by video link.
What happened?
In R v Priestley [2026] EWCA Crim 1284, the judge appeared remotely without advance explanation or an invitation for the parties to make representations.
The Court said that remote sentencing by a judge is lawful but should be rare, particularly where custody is likely. It called for Resident Judge consultation, reasons, representations, and a ruling explaining effective participation and alternatives. The direction and ruling should be recorded on the Digital Case System. Read the judgment.
The defendant’s attendance is a separate question
A judge appearing remotely and a defendant joining from prison involve different considerations. The Lady Chief Justice’s live-link guidance provides that a defendant in custody should ordinarily attend sentencing remotely where the court considers that appropriate in the interests of justice.
That assessment includes the seriousness of the sentence, substantial factual disputes, and whether victims or family members will attend. The guidance requires adequate arrangements for the defendant to consult their advocate before and after sentencing. More generally, reliable facilities, effective communication and the participant’s individual needs matter; administrative convenience alone is insufficient. Read the guidance, particularly sections 2 and 8.
What should defendants do?
If you are awaiting sentence, ask your solicitor to confirm the proposed arrangements early. Establish where you must attend, who will be present and how you will speak privately with your legal team.
Raise any hearing, sight, language or communication difficulties before the hearing. Explain specific problems rather than simply saying that you would prefer to attend in person. For example, tell your solicitor if you struggle to follow conversations over video or need help understanding documents.
If a connection fails or you cannot follow what is happening, alert your representative immediately. Give a concrete description of the problem so it can be brought to the court’s attention. A working screen should not be taken as proof that every participant can understand the proceedings.
Continue to follow the court’s attendance directions. Do not assume that the availability of video technology allows you to stay at home or change an agreed arrangement yourself.
A procedural concern does not automatically reduce a sentence
Priestley’s prison sentence was reduced from 35 to 24 months because of the assessment of harm and mitigation. Remote attendance was not an appeal ground, and counsel did not allege an unfair hearing. The Court’s reasons distinguish the procedural guidance from its sentencing decision.
Anyone concerned about a Crown Court sentence should seek advice promptly. Permission to appeal is required, and an application against sentence normally needs to be made within 28 days of sentencing. Late applications require an explanation and an extension is not guaranteed. Official appeal information.
Peter Bonner & Co can discuss criminal defence representation and private defence services. Contact us to discuss your hearing or obtain advice about a possible appeal.
This article provides general information about criminal proceedings in England and Wales, checked on 10 October 2026. It is not legal advice. Advice depends on the facts, current law and court directions in the individual case.