Online viewers captivated by drama in court

Hundreds monitor trials using online video links

VIRTUAL courts have seen a sharp rise in the number of people tuning in remotely to follow cases.

The pandemic and social distancing rules have changed the way courts operate, with lawyers appearing by Zoom in some trials.

There are also plans for juries in high court and sheriff court trials to sit remotely in cinemas to help clear a large backlog of cases.

The public can no longer physically access court rooms but officials say hundreds of people are following proceedings remotely after arranging to watch or listen with clerks beforehand.

But there are concerns that the changes to the justice system could be detrimental if kept in place beyond the pandemic.

To watch proceedings remotely, the public contact the court by email to request access to a virtual hearing.

Court officials say, as in a physical court situation, access is provided on a ‘first come, first served basis’.

The Scottish Courts and Tribunals Service (SCTS) said a ‘significantly larger number of people can be accommodated through remote access’ but the hearing will close if capacity is reached. Access is either audio or video and audio.

Although not physically in court, those attending virtually are subject to the same rules as if they were present.

Anyone failing to obey or respect the authority of the court may be subject to contempt of court proceedings and spectators ‘must not record or store the proceedings and must not broadcast them’.

The SCTS said that during the course of a virtual hearing, members of the public must not comment on the proceedings using social media in relation to jury trials, cases involving sexual offences, or cases where the participants cannot legally be identified.

Courts do not record numbers of people tuning in, but officials say attendance varies between low numbers to the high hundreds for cases of ‘significant public interest’. They argue remote connection ‘supports the principle of open and transparent justice for remote hearings during the pandemic’.

Last week SCTS chief executive Eric McQueen said it was planning for social distancing to go on until March next year.

However, officials are also drawing up contingency plans which assume distancing could last until March 2022.

Mr McQueen said there were 14,000 outstanding cases in sheriff courts before lockdown. This is expected to rise to 27,000 by the end of this month. He added: ‘We now have our full programme of courts back up and running as of August – that’s about 33 trial courts a day.’

But many in the Scots legal profession hope for a swift end to virtual trials.

Roddy Dunlop, QC, dean of the Faculty of Advocates, said: ‘The point about increasing open justice is a fair one. But it actually has very little to do with how hearings are conducted. The primary concern must be how best to achieve justice. In my opinion, that is done by way of in-person hearings, once they can safely be arranged.’

A survey of members of the Faculty of Advocates found there is support for the use of remote hearings as a temporary measure during the pandemic.

Some 68 per cent felt remote hearings should only be used with the consent of all parties, and the court. An SCTS spokesman said: ‘We ensure, during this time of crisis, that journalists, as observers, and representatives of the public, have access to our courts and to remote hearings.

‘Where remote, online proceedings are taking place, we are providing, as a minimum, audio access to those hearings for observers and the public when that is possible.’

‘Support principle of transparent justice’