The impact on justice of
hearings by video rather than in person was a key concern highlighted by judges
in response to a consultation about the courts and tribunals modernisation
programme.
Summarising the responses of
civil judges to the Judicial Ways of Working (JWoW) consultation, Sir Terence
Etherton, Master of the Rolls, and Lord Justice Coulson, deputy head of civil
justice, highlighted concerns about the impact of staff shortages on listing, a
shortage of listing officers, the ‘very poor state of repair’ of much of the
court estate, and the viability of video hearings where there is contested
evidence.
Most judges said final hearings—trials
involving oral evidence—are not suitable for video hearings.
Sir Terence and Coulson LJ
said: ‘You explained that a judge needed to see the parties, to watch as well
as to listen, and that meant being able to watch not just the witness but also
the parties, the representatives, and the supporters in court.
‘You also expressed concern that,
if witnesses were giving contested evidence in video hearings, there was a
greater risk that their evidence might be tampered with or manipulated, because
it would not be clear who else was in the room and who else was behind the
camera. You were also worried about the loss of the necessary gravitas of the
proceedings; and have expressed your concerns relating to security and
confidentiality of the court processes, including the ease at which they could
be recorded and posted publicly on social media.’
However, many judges agreed
that video could be useful for some hearings involving legal representatives
only, and had potential for helping vulnerable parties and parties and
witnesses unable to travel to court.
