VIDEOCONFERENCING LEGAL SERVICES

 

Videoconferencing and the UK

The use of videoconferencing in the United Kingdom is well known through the media reports of what the legal profession call a video link.

In July 1999 the BBC reported that Jack Straw, then Home Secretary, had announced that Courts and Prisons in the UK would start a pilot scheme to interview prisoners, wherever possible and practicable, by video link rather than in person.  That year saw the pilot scheme begin and now, 10 years later videoconferencing is a weekly if not daily occurrence as witnesses, not just prisoners, are interviewed by the court.

In 2000 the Law Society Gazette leader declared in Behind the screens: The unstoppable march of technology continues unabated. Amid much government fanfare last week about how video conferencing would speed up justice, Lord Justice North heard an application for permission to appeal from Leeds Court via video-link, its first use in a civil case.

 

By 2002 a few high profile cases such as that of Maxine Carr, were held using videoconferencing and provisions were made in the Criminal Justice Act 2003 for ‘live-link’ to all preliminary and sentencing hearings.  They also enabled video hearings in the Court of Appeal Criminal Division.

With EU Law following suit, from 2004, the proliferation of videoconference units in courts and law offices began in earnest.  By 2006, most CPS and court officials had some understanding of videoconferencing and a great many had taken place in cases using them.

Early technical issues were being ironed out and the availability of videoconference systems abroad mean that the courts could call upon witnesses from almost any country, to give evidence.

Further domestic success led to its acceptance for more and more overseas hearings and once the question of legal parameters was resolved, it was decided that the person connected by video would be treated as being in court.  Thus, they swear in and they follow court protocol with the exception of standing up when usually necessary.

In May 2009, a new pilot (son of the first inception) started with videoconference units in Police stations in what is being termed ‘virtual courts’ or ‘cyber courts’.  Currently Camberwell Green Magistrates’ Court and Charing Cross Police Station are linked, but by the end of the year a further 14 police station will have been equipped.

At the time of writing, 1 man has been convicted of drink driving and sentenced from the police station, thereby feeling the true might of swift justice.  The scheme, championed by the same Jack Straw from 1999, now the Justice Minister, has divided the judiciary.  The Law Society has expressed concerns over safety; no dock or court officers to buffer any possible violence and also that defence lawyers will be forced to make quick decisions and lose the valuable time usually taken in creating a defence.

Meanwhile the Chief Executive of the London Criminal Justice Board (Andrew Morely) was reported in the Sutton Guardian as saying : ‘We are committed to testing new ways of improving the public’s experience of the criminal justice system … we have shown … that it is possible for the court to deal with the first appearances over a video link’.

With an anticipated saving of up to £10 million a year the pilot will be watched with interest from all parties.

UK guidelines for the use of video conferencing in Courts

The CPR contain certain provisions about the use of information technology in the conduct of cases. Apart from these provisions, no standard practice has evolved or been prescribed for the use of information technology in civil cases, but it is possible to identify certain areas in which electronic techniques may be used which should encourage the efficient and economical conduct of litigation.

CHAPTER 14 USE OF INFORMATION TECHNOLOGY