header-logo header-logo

Remote hearings from the lawyer’s perspective

22 May 2024
Issue: 8072 / Categories: Legal News , Criminal , Procedure & practice
printer mail-detail

Barristers have urged greater use of remote hearings to help reduce the criminal cases backlog and expedite justice—as long as consistency and predictability can be improved

The Bar Council report ‘A lens on justice: the move to remote justice’, published this week, looks at remote hearings from the perspective of legal professionals. It gathers HM Courts and Tribunals Service data from 2020 to early 2023, along with the results of five Bar Council surveys.

Hundreds of barristers shared their personal experience of what’s working and what’s not, including comments that ‘the criminal bar continues to shrink and this ensures access’, ‘more thoughtful listing is required’, and ‘remote hearings are excellent for routine or simple matters. They are less effective for lengthy, complex cases requiring extensive oral evidence.’

Currently, about one in four hearings is heard remotely, compared to 58% of hearings during the peak of the COVID-19 pandemic.

Barristers were broadly in favour of remote hearings—nearly half would like to see their use increase, although many argued that more procedural clarity was needed. More than a third experienced technical problems with the video platform in 2023 (an improvement on the 77% who did so in 2021). The report calls for investment to improve the infrastructure and administration of remote hearings.

Sam Townend KC, chair of the Bar, said: ‘The Bar Council is calling for greater consistency and predictability as to the use of remote hearings which would be of benefit to all court users. 

‘Remote hearings could be used more regularly where it is efficient to do so and can play a part in bearing down on court delays and backlogs. In this report, the profession has also set out where remote hearings are not working well or failing, hampering access to justice and productivity in the courts.

‘It is welcome news, then, that the senior judiciary has already started to “grasp the nettle” so far as the Crown Court is concerned. Some hearings, particularly those which dispose of a case or in which evidence is taken, are generally best done in person.

‘Meeting important public needs, such as reducing the court backlog, and the benefits of remote hearings to the profession should not, of course, be to the detriment of the justice being done and being seen to be done.’

Issue: 8072 / Categories: Legal News , Criminal , Procedure & practice
printer mail-details

MOVERS & SHAKERS

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll