Commission backs last minute amendment to trial by video legislation

The Human Rights Commission welcomes the last minute changes to trial by video legislation ensuring those facing trial can decide to be present in court.

Defendants now have the right to choose whether they are physically present in court or appear by audiovisual link in a trial that determines their guilt or innocence.

The Commission supports the Minister of Justice Hon. Simon Power’s move to remedy the lack of informed consent in the use of audiovisual links in substantive criminal matters.

“The Minister’s leadership should be applauded on human rights grounds. We also welcome his acknowledgement that he was persuaded by robust parliamentary debate,” says Acting Chief Commissioner Dr Judy McGregor.

The last minute amendment addressed several of the Commission’s recommendations to the select committee on the Courts (Remote Participation) Bill that related to reversing the presumption in favour of the use of audiovisual links and the necessity for informed consent of defendants in trials that determined their guilt or innocence.

The Commission had strongly opposed the proposed legislation because it infringed a number of significant human rights issues such as the right to be present in criminal proceedings.

It had also disagreed with the Crown Law opinion that the proposed law did not breach the Bill of Rights Act, which guarantees a right under section 25(e) to be present in criminal proceedings

The Commission’s select committee submission welcomed the use of technology to improve efficiency and costs in the justice system. However, it urged Parliament to address human rights issues such as the right to justice, the right to a fair and public trial, the right to “be present” and to present a defence and the right of victims to participate in proceedings and to ‘confront’ the accused.

Download a copy of the Commission’s submission.

ENDS