Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Shutterstock

Barristers urge caution on widespread roll-out of remote court hearings after Covid

The Bar of Ireland said remote hearings impact on judicial interaction and the management of witnesses.

THE BAR OF Ireland has expressed support for the continued use of technological solutions in the courts after the Covid-19 pandemic, but urged caution on a widespread roll-out of remote hearings.

In a statement today, barristers said they recognise that the justice system underwent changes during the pandemic that “are, and should be, here to stay”, including the use of remote hearings.

They said their use for short or uncontroversial procedural business is to be welcomed in many cases even after the current crisis has passed.

However “careful consideration” is needed before a decision to use remote hearings more widely after the pandemic.

“There are, in our mutual experience, multiple and multi-faceted disadvantages with such hearings, when compared to the usual, in-person hearings that have delivered justice for centuries,” the Bar of Ireland said.

They said experience shows judicial interaction is less satisfactory in remote hearings and they can therefore be less effective at isolating issues and allowing argument to be developed.

There is concern that there may be an impact on the quality of evidence given as the management of witnesses, especially in cross-examination, is different.

“We are concerned that remote hearings present very considerable challenges to effective advocacy in cases involving evidence or complex narrative submissions. The very real, but often intangible, benefits of the human interaction inherent in in-person hearings cannot be ignored,” the statement said.

“The universal sentiment across the four Bars is that remote hearings deliver a markedly inferior experience.”

The Bar of Ireland also said there are wider concerns about remote working and the impact on the training experience and general wellbeing.

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
8 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute Gerard Carey
    Favourite Gerard Carey
    Report
    Mar 28th 2023, 8:28 PM

    Well done Gardai.

    144
    Install the app to use these features.
    Mute Ian McLaughlin
    Favourite Ian McLaughlin
    Report
    Mar 28th 2023, 9:56 PM

    Well done Gardai – Brilliant work as usual!

    69
    Install the app to use these features.
    Mute KeithG
    Favourite KeithG
    Report
    Mar 28th 2023, 9:43 PM

    Someone’s talking

    61
    Install the app to use these features.
    Mute Paul Clavin
    Favourite Paul Clavin
    Report
    Mar 28th 2023, 11:20 PM

    I’d like to know how the guards are able to find out this type of information for instance how they found out that a certain sportsman had received a fixed penalty notice.are the rules regarding phone tapping being followed.dogs on the street know what they’re doing

    21
    Install the app to use these features.
    Mute AnthonyK
    Favourite AnthonyK
    Report
    Mar 28th 2023, 10:57 PM

    @ Ray Farrell – what do you mean Comanche Country?

    Oh, I see what you mean. The people in Finglas are Comanches / the real natives and the Gardai are like the Cavalry ruining their way of life. Yeah, I get it now.

    22
    Install the app to use these features.
    Mute stuart priestley (Stuie)
    Favourite stuart priestley (Stuie)
    Report
    Mar 28th 2023, 11:57 PM

    Ah! Yeah a hole in the ground some people just can’t hole a shite someone has been talking trying to make the FED’s look good

    8
    Install the app to use these features.
    Mute Richard Ahern
    Favourite Richard Ahern
    Report
    Mar 29th 2023, 5:18 PM

    Great work by the police. Really well done. However, if it’s a case of “enter one judge NO… into the proceedings”, then most of their efforts will have been for nought.

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a commentcancel