This idea was created by the Scrutinise team as a policy development prompt. It represents a live policy debate with substantial public evidence. Any registered user can contribute to it, and ownership can be transferred to any organisation or individual who wishes to champion it.
A Statutory Framework for Remote and Hybrid Criminal Hearings
The Judicial Review and Courts Act 2022 enabled remote hearings for some proceedings but left criminal courts without a clear framework. The resulting ad hoc approach creates inconsistency, access issues, and unresolved questions about defendants' rights. This proposal creates the missing statutory framework.
Summary
The Judicial Review and Courts Act 2022 enabled remote hearings for some proceedings but left criminal courts without a clear framework. The resulting ad hoc approach creates inconsistency, access issues, and unresolved questions about defendants' rights. This proposal creates the missing statutory framework.
Challenge (summary)
Criminal courts lack a statutory framework governing when remote hearings are appropriate, defendants' rights to object, and the technical standards required. Judges are making inconsistent decisions and defendants in custody are appearing via video link without clear standards for when this is appropriate.
Approach (summary)
A Criminal Courts Technology Act establishing: categories of hearing appropriate for remote participation; minimum technical standards; defendants' statutory right to request physical attendance; and a Digital Courts Service responsible for infrastructure.
First step (summary)
Introduce primary legislation creating the statutory framework for remote criminal hearings, with Criminal Procedure Rules amended to specify when remote participation is permitted and when it is not.