UK Gov't Launches New Tech For Criminal Cases Amid Crisis

By Richard Crump
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Law360, London (April 30, 2020, 5:00 PM BST) -- New video technology is being rolled out to more than 100 criminal courts across England and Wales to help keep the justice system moving during the coronavirus pandemic, the government said Thursday.

HM Courts and Tribunals Service, an executive agency of the Ministry of Justice, is bringing in a new video platform to enable participants in criminal hearings to take part remotely and allow crown and magistrates' courts to hold secure hearings.

The changes are part of the government's plan to keep the justice system running during the COVID-19 crisis, which has led to all jury trials being suspended and caused most courts across the country to be closed to help contain the outbreak.

"It is essential that justice continues to be served in these difficult times and this new platform will help equip courts across England and Wales with secure and robust video technology to enable them to carry out more of their vital work," said courts minister Chris Philp.

The initiative is initially being rolled out to 60 magistrates' courts and 48 crown courts that are still open to the public, with others to follow as soon as possible. It is also being introduced to the civil and family courts.

Magistrates' courts in London, the south east, south west and the Midlands have already begun using the platform — which connects securely to the existing justice video network that links police stations and prisons to courts — with the first courts going live this month.

The technology will not be used for jury trials, and a judge will decide whether it is appropriate to use in any other hearing on a case-by-case basis. No defendant will appear from his or her own home, and sentencing will not take place unless the defendant is in custody or physically present in the courtroom.

Amanda Pinto QC, chairwoman of the Bar Council, which represents barristers in England and Wales, said the new technology is "crucial" to efforts to keep the justice system going.

"I am keen to see it rolled out widely to try and ensure that, as far as possible, effective justice is delivered, not delayed," Pinto said.

The use of audio and video technology in court hearings has rapidly increased in response to the COVID-19 emergency, with the Supreme Court — Britain's highest appeals court — conducting a case entirely by video link for the first time in its history in March.

HMCTS reported on April 24 that the use of audio in hearings increased to approximately 2,800 a day. Currently around 90% of cases in England and Wales have made at least some use of audio and video technology.

The judiciary has radically reduced the number of courthouses open to the public to handle urgent matters that need to be held in person, cutting operations down to 159 "priority" buildings. It has set up a working group to assess how to begin holding jury trials again when the courts can safely do so.

--Additional reporting by Christopher Crosby. Editing by Ed Harris.

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