Digital justice revolution as courts to sit in cyberspace
COURTS will go online in a justice revolution fast-tracked by coronavirus, Scotland’s top judge said yesterday.
Lord carloway said plans already under way to organise more virtual hearings have now been speeded up as a result of the pandemic.
Socially distanced trials will still take place in courtrooms though with public access severely restricted, raising fears over secret justice.
A projected backlog of more than 3,000 sheriff and High court trials is expected by next March, putting massive strain on the system.
Digital justice is likely to include more hearings using video conferencing technology in place of physical court appearances. Lord carloway said: ‘At the start of the year, if someone had suggested that in the space of 12 short weeks we would be conducting all court of Session business through virtual hearings, I’d have dismissed the suggestion as an impossibility.
‘This would not have been because we lacked the vision and ambition to move to more digital ways of working. That has been our goal for some time now. The difference has been the speed within which the virtual court has had to be built.’
Lord carloway praised the work of court staff who have introduced video-link technology to allow certain cases to go ahead during lockdown.
He said: ‘It is a misconception to regard the court as a building. It is not just a physical space, it is a public service. Virtual courts and online services should, and now will, be viewed as core components of the justice system, rather than short-term, stop-gap alternatives to appearances in the courtroom.’
While progress has been made in conducting civil cases and non-jury trials remotely, he said proceedings which require a jury have proved more difficult. The Lord President said: ‘We
‘Find ways to address backlog’
have to seize the momentum and opportunity to respond to the particular challenge.’
Lord carloway said that last week the first summary trials to be conducted entirely in a virtual court took place. He said that from those who participated in or viewed the proceedings, there was recognition of the potential for cases to proceed remotely in the future.
The first jury citations since March have now been issued, but jurors will sit in more than one courtroom to observe proceedings. This will reduce trial capacity to 30 per cent of normal, Lord carloway said, adding: ‘We need to stop thinking about tinkering at the edges. There is a keenness across the justice sector to find ways to address the serious backlog of solemn cases... I have no doubt primary legislation will be required to address some of the technical constraints.’
When lockdown began, plans for juryless trials led to a backlash among the legal profession and opposition politicians.
But court bosses want the plans to remain on the table because of the size of the backlog. Lady Dorrian, the Lord Justice clerk, is leading a working group on restarting jury trials. One option being considered is cutting the size of juries from 15 to enable social distancing.
Amanda Millar, president of the Law Society of Scotland, said: ‘It’s encouraging the Lord President takes the view that some of these recent changes will become permanent features of our justice system.’
Tory justice spokesman Liam Kerr said: ‘It’s understandable some members of the public may be concerned about the pace of change or changes that appear to increase elements of secrecy. crucially, however, the backlog of cases can now begin to be addressed which is vitally important for victims of crime and our justice system.’