AYJ Explains: Police, Crime, Sentencing and Courts Bill - Video Links
Clauses 166-169 of the Police, Crime, Sentencing and Courts (PCSC) Bill proposes an expansion of video links in court. Here, the AYJ examines these proposals and sets out our recommendations.
A. The Bill proposes to expand the use of video links in court. The use of video links was originally expanded out of necessity due to COVID-19, under the Coronavirus Act 2020. These measures are now being permanently set in legislation through the PCSC Bill.
A. AYJ research on video links with child defendants indicated that children already struggle to understand what is happening in court, not least because many have communication difficulties, and video link makes this worse. Our research also indicated that with the use of video links:
Children are less likely to understand what is happening
Children can’t consult their lawyer properly nor communicate well with the judge
Children are less likely to appreciate the seriousness of the situation or present themselves well, which may impact their outcomes
These findings are echoed by multiple other reports, which have raised concerns that live links negatively impact effective participation, therefore damaging access to justice.
Government research on video links found it led to more people pleading guilty and more receiving custodial sentences. This is also the only currently available government research which raises concerns that not enough is known about the impact of remote justice on court users or justice outcomes.
Lastly, the effective participation of children in their court proceedings is an important component of the right to a fair trial, and it is crucial that disabilities can be identified so reasonable adjustments can be made (as according to the Equality Act 2010). Given that children’s effective participation is already at risk in face-to-face court hearings, due to their young age, developmental immaturity and the prevalence of vulnerabilities, and given the only available evidence on virtual justice raises critical concerns, it is simply not appropriate for legislation to be introduced promoting the use of live link in children’s cases.
A. The government must not permanently embed measures introduced due to COVID-19 without the necessary evaluation of their impact. Video links in the Bill pay no attention to the needs of children in the youth justice system. Until evidence is published which indicates otherwise, video links should be used only in exceptional cases for children, where it is in their best interests, and with appropriate adjustments.
For more information on video links or other measures in the Police, Crime, Sentencing and Courts Bill, read our full briefing here.