Virtual courts could transform the criminal justice system, but there are still a few obstacles to overcome before it will take off, says Tandberg, a global provider of telepresence, high-definition video conferencing and mobile video products and services.
The London Criminal Justice Board (LCJB ) is on the verge of running its second pilot scheme due to begin at Camberwell Green Magistrates Court.
Defendants who have been charged in police custody will appear in a magistrate's court for their first hearing through the use of video conferencing technology in a special police custody suite.
Investigations into the deployment of this type of technology in the criminal and justice systems across the world are rife, but nothing is official from a South African perspective yet.
The savings on transport and bureaucracy, says the company, could be as much as £15 million, according to what the LCJB says. It adds that this kind of solution will allow staff members to focus on other crime-cutting measures.
A previous pilot in the summer of 2007 achieved an average time of three-and-a-half hours between custody and bail first hearings, notes Tandberg. Such schemes should appeal to witnesses and victims, as there is less risk of bailed defendants not appearing in court, the company adds. Seventy-three percent of prisoners in the 2007 pilot said they preferred the video link to appearing in court.
“Yet it is the apparent appeal to prisoners that has attracted criticism. With defendants being charged and sent to prison without having to leave a police station, there is concern that the gravitas of a court environment won't be effectively replicated over video,” says Bryan Thompson, Tandberg area manager for sub-Saharan South Africa.
Added to this, defence lawyers are worried that virtual meetings with their clients are not secure enough, and breaches in confidentiality could jeopardise their clients' chances of making bail, Thompson adds.
The Legal Services Commission, however, believes the scheme is fair, and will provide a type of legal aid called Advocacy Assistance to defendants involved in the pilot. The Law Society is sceptical of the scheme.
“Part of the increased efficiency will come as solicitors' fees are reduced, along with processing time,” Thompson concludes.
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