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The Analysis Editor’s Letter


The online journey for our courts


Stephen Kiely Editor, CCRMagazine stephen@ccrmagazine.co.uk


There is sometimes a perception, in the wider world, that the legal and enforcement profession is awash with ‘thick, bruising bailiffs’ and ‘old-duffer judges’. In recent years,


the enforcement


profession has made huge strides to give the lie to this stereotype, with an agent today very likely to rely on their soft skills and technology, such as body-worn cameras and sophisticated route-planning. And, also, in the courts, there has been a


significant move towards the increased use of technology, both in administration and even, at times, in the running of trials. It seems clear that this direction of travel is


only set to continue. Giving his annual press conference, last month, Lord Burnett of Maldon, lord chief justice of England and Wales, said: “This is a £1bn, six-year project to which the government has given its commitment to bring our courts and tribunals, and our administrative practices, up to date. “It is quite remarkable that towards the


“So, the online services, that we have


in mind, will enable litigants, and also professionals who are representing litigants, to do routine submission of information and documents online, rather than having to fill out lengthy forms and deliver them in paper.” On the use of technology at trial, he


added: “So far as hearings, where all the parties are not present, are concerned, I personally dislike the term ‘virtual hearings’ because that rather gives the impression that people will be sitting at computers in rather the same way that those who enjoy gaming online can go and sit in London playing a game with someone in Alabama. That is simply not what is going to happen. “Rather than virtual hearings, these are


end of the second decade of the twenty-first century, many of our courts still operate on paper-based systems. A digital case system has been introduced into the criminal courts over the last two years, which has already saved the need to print 33 million pages of paper. A parallel system is being rolled out in the civil courts. “Many routine cases in the magistrates’ courts – fare evasion,


traffic offences and such like – are being dealt with online. This is really just the beginning. It is transformational and will make dealing with our courts and tribunals – for individuals, businesses, and lawyers alike – quicker and simpler.” Responding to a question on the issue, he said: “Again, I think


there are two points there. So far as online use is concerned, it strikes me as faintly odd when one compares dealing with courts with, for example, how we all now do insurance or book holidays. I mean, 15 years ago, that was all paper-based, endless telephone conversations and so forth, and now we settle down on a Saturday or Sunday morning and it is done in a flash on the computer.


January 2018


physical presence of parties in court, that is what will happen


require


That does not make any sense, but the important thing is that there will remain judicial control and, if the interests of justice


the


going to be hearings enabled by video and telephone. I mean, we have them already in many respects. “Telephone hearings in the civil courts


have been taking place, I think, for 20 years and, in the Court of Appeal Criminal Division, for example, almost all of the appellants now appear by video link rather than coming in person, but the critical thing to bear in mind is that, in the event that a hearing is needed, but which all the parties need to be present, that will be something that the judge decides, but many hearings do


not require that. “In the county court at the moment, many interlocutory hearings


are conducted by telephone and, if we were to return to the system that operated when I was at the bar as a young barrister going round all the county courts, one would travel a couple of hours each way for a five-minute hearing. That does not make any sense, but the important thing is that there will remain judicial control and, if the interests of justice require the physical presence of parties in court, that is what will happen.” So the direction of travel is clearly set: it is time to buckle in and


enjoy the ride! May I wish all our readers a Happy and Prosperous New Year – enjoy the magazine!


www.CCRMagazine.co.uk 3


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