Greg Stewart
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Since the days of Sir Henry Fielding and the Bow Street Runners, the local magistrates’ court in London has played its part as a theatre for the poor. Now the leading players in those dramas are set to become mere spectators, via 42in plasma screens on the wall.
As any sports fan will say, there is nothing like seeing them in the flesh. I was involved in the pilot for this at Camberwell. Faces would appear on the wall, beamed in from a local police station. Slack-jawed empty visages would nod in agreement to various propositions put to them. I have little confidence that they were participating meaningfully in the process.
Those with representation fared better in identifying whether they really intended to plead guilty, where they wanted to be tried or why they should be bailed. But their lawyers struggled to get information of sufficient quality to make a difference to the outcome of the hearing.
Communication is much more effective face to face. Non-verbal cues can be telling and lead to inquiries that would otherwise be missed. The Office for Criminal Justice Reform recognises that, so vulnerable defendants will not appear on screens.
The Law Society has reminded lawyers of the difficulties of protecting confidentiality and promoting a client’s best interests in a virtual court. To save the cost of a journey to court the Goverment may be creating huge and irrevocable costs to our system of justice.
Greg Stewart is a criminal solicitor with GT Stewart
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