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.
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