With huge thanks to everyone who contributed yesterday, in advance of the #Coronavirus Bill due to be published today please read this briefing on implications of proposals for the courts on access to justice and Rule of Law
bit.ly/2U5r1pb @AdamWagner1 @CommonsJustice
bit.ly/2U5r1pb @AdamWagner1 @CommonsJustice
This briefing sets out 8 practical recommendations to ensure that access to justice and the Rule of Law is upheld in the context of the rapid expansion of the use of remote hearings across the justice system. @neill_bob @davidallengreen @jasimsoncaird @bricksilk
1. Non-urgent trials should be delayed, and existing exceptions relating to the use of video hearings set
out in CPD must be applied. Individuals who are neurodiverse, have a learning disability or are experiencing mental ill health should be excluded from trial by video hearing.
out in CPD must be applied. Individuals who are neurodiverse, have a learning disability or are experiencing mental ill health should be excluded from trial by video hearing.
2. All parties in hearings facilitated fully by video link, Skype or telephone must be provided with effective access to free legal advice @PenelopeGibbs2 @SaraLomri @LegalActionGrp @ChrisLAPG @spikemullings
3. Judgments given in cases that are held remotely must be given in writing and made publicly available to ensure that established principles of open justice are upheld @DanHLawReporter @JTownend @seethrujustice
4. The impact of fully video hearings on the ability of legal representatives to effectively communicate with their clients must be monitored @SaraLomri @JoePTomlinson @Justforkidslaw
5. Resource must be dedicated to *proactively* identifying parties who may be considered vulnerable
under existing law & reasonable adjustments made. The impact of shift in mode of proceedings on individuals with protected characteristics should be monitored @DisRightsUK
under existing law & reasonable adjustments made. The impact of shift in mode of proceedings on individuals with protected characteristics should be monitored @DisRightsUK
6. The failure rate of the technology used & the nature & extent of technical difficulties encountered
must be monitored and recorded. @MagsAssoc
must be monitored and recorded. @MagsAssoc
7. @HMCTSgovuk should urgently expand technical support to parties and Judges facilitating fully video hearings.
8. All remote hearings must be recorded, with transcripts of remote hearings being made available as soon
as practicable to parties to the case and third parties. Where the recording facility fails and cannot be
recovered the case should be adjourned #OpenJustice @Ed_Owen
as practicable to parties to the case and third parties. Where the recording facility fails and cannot be
recovered the case should be adjourned #OpenJustice @Ed_Owen
