Commission recommends trial before courts use audiovisual links

The Human Rights Commission has recommended a thorough trial of audiovisual technology in the courts before a law is passed allowing courts to conduct trials electronically.

The Courts (Remote Participation) Bill before the Justice and Electoral Select Committee will allow any participant in a civil or criminal proceeding to appear via audio visual link.

Equal Employment Opportunities Commissioner Dr Judy McGregor said the Commission supported the use of technology to enhance the efficiency of the courts and access to justice.

However because the Bill would have a broad impact on the court system, a trial would allow the Judiciary, the Crown, Defence counsel and the public an opportunity to evaluate the implications fully.

Before the Select Committee today, Dr McGregor said, “The Commission’s view is that as it stands the bill invokes a number of significant human rights: 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.”

The Commission disagreed with a Crown Law Office opinion to the Attorney General that the proposed legislation was not inconsistent with the Bill of Rights Act.

Dr McGregor said Section 25(e) guarantees a “right to be present” in criminal proceedings and that “present” was defined as “being in a specific place”.

If the bill proceeds, the Commission recommended a series of changes including:

• The presumption in favour of the use of audio visual links in criminal matters should be reversed

• An accused’s first appearance must not be by audio visual means in any circumstances

• Criminal proceedings where the liberty of the accused is at issue, or where there is an impact on the accused’s ability to defend the charge, may only be conducted by audio visual link with the informed consent of the accused

• There should be a presumption that audio visual links will not be used in substantive criminal matters

ENDS

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