Court video links jeopardise defendants’ rights to fair trial, reports charity

updated on 24 October 2017

Appearing in court by video-link makes it harder for some defendants to understand what is going on and participate, a survey by Transform has shown.

The charity has urged the government to pause its drive to so-called “trial by Skype” until the policy’s impact on defendants’ right to a fair trial can be understood. Some 58% of respondents to Transform’s survey – which questioned over 300 magistrates, lawyers, probation officers and defendants – said that video conferencing places defendants at a disadvantage. The disadvantages include making it difficult to have confidential conversations with their lawyers, as well as making defendants feel disconnected from proceedings. The report also suggests that defendants appearing by video-link may be disadvantaged at sentencing.

The findings are disputed by the Ministry of Justice, which is intent on modernising how courts handle cases involving minor offences – as The Guardian reports, there are no immediate plans to conduct full trials without the defendant being physically present. The drive to conduct hearing by video-link is intended to cut costs by removing the need for defendants to be frequently transported to and from prison and court.