Improvements to enable more remote participation in courts
In September this year the Courts (Remote Participation) Amendment Bill was passed by Parliament. As an omnibus Bill it made changes to two Acts, with two amendments to the Courts (Remote Participation) Act (CRPA) and one to the Criminal Procedure Act.
The purpose of the amendments is to clarify and improve the law governing remote participation to enable more remote participation in court proceedings using both audio-only links (audio link) and audiovisual technology.
The changes to the CRPA are expected to increase the efficiency and timeliness of the court system, thereby reducing delays in justice, and to ease other barriers to participation including the cost, time and stress involved in traveling. For the victim, remote participation can help mitigate the harm of them being retraumatised by being in the same room as the perpetrator.
The two amendments to the Courts (Remote Participation) Act are as follows. Firstly, a new section has been added which creates a “presumption” (allows the court to assume) that a victim of an offence and their support person are entitled to observe all or part of the trial and sentencing for the offence, by the use of audiovisual or audio link; unless a judicial officer or a Registrar determines that the use of this technology is not in the interests of justice. This amendment also preserves the ability of the court to control how the proceedings are conducted, enabling them to impose conditions to protect the integrity of the court process; for example, requiring victims to not share access links or record proceedings.
Secondly, the use of audio links, such as telephone conference calls, has been authorised for criminal proceedings where the defendant is not required to attend. This attendance criteria takes into account that judges need to see the defendant to assess their credibility and comprehension of the proceedings. Audio links can also be used for civil and Family Court proceedings, provided the judicial officer or Registrar is satisfied that the parties will be able to effectively comprehend and participate in the proceeding.
The use of audio links will enable those who do not have access to audiovisual technology to have the option to participate remotely. For those in more isolated areas, avoiding the cost and effort of traveling to court will be a welcome benefit.
The third amendment enacted has been to the Criminal Procedure Act, to make permanent a temporary change made during the COVID-19 pandemic. This clarifies that in criminal proceedings, remote participation by the media and the public is consistent with the principles of open justice – that the courts are transparent and open to scrutiny.
Submissions received by the Justice Committee included concerns around the use of audio links. Situations were envisaged where participants could be pressured by people not visible to the court, or have access to material without the court’s permission. However, the Justice Committee proposed no changes and the legislation was unanimously supported by Parliament.