Video technology in courts “still has long way to go” says research
updated on 08 May 2019
The use of video-link technology as a replacement for face-to-face hearings is not yet “sufficiently advanced” enough to be effective, says Jo Hynes, a PhD researcher at Exeter University.
As part of her research exploring the “local geographies” of immigration bail hearings, Hynes has observed the use of video hearings in this context, with video-link technology used now in the majority of immigration bail hearings.
Writing for the UK Administrative Justice Institute, Hynes said “During my observations, bail was refused in 31% of the cases heard via video link and never refused in instances where cases were heard in person.”
Plans to roll out video technology across the courts of England and Wales have been at the top of HM Courts & Tribunals Service’s priorities for its £1 billion courts modernisation project, although there have been many questions raised by the plans. The justice committee of the House of Commons is currently conducting an inquiry into the reform programme, examining the implications for access to justice, especially in terms of the increased use of digital and video technology.
Hynes wrote that from the immigration bail hearings she witnessed, “Many detainees say they prefer appearing by video link, as it means they don’t have to make the journey to a hearing centre and potentially lose their room in the detention centre or prison in which they are being detained.
She also described the regular technical difficulties “causing delay to the hearings and visibly frustrating immigration judges” and that “eye contact, tone of voice and body language also become increasingly difficult to transfer across video link.”
Hynes concluded the report by acknowledging that “At present, the technology available in tribunal centres is not sufficiently advanced to replace in-person interaction and guarantee the applicant an effective hearing… In the meantime, it remains to be seen whether video link technology could advance far enough to fill these gaps.”
