Use of digital technology – a criminal court perspective

Enzo Riglia

Deputy Director and Head of CrimeHer Majesty’s Courts and Tribunal Service.

1

Defence engagement with current and developing technological enhancements in criminal courts.• Written Evidence -• Interaction with criminal case

summary and evidential documentation.

• Obligations on defence and prosecution from point an individual is ‘charged’ with an offence.

• Defence, prosecution and judicial interventions through the digital case system.

• Oral evidence -• Interaction with witnesses and

alleged victim during a criminal trial.

• Video conferencing of live evidence and the impact on criminal proceedings.

• Statutory special measures for alleged victims to support the rule of law.

Sir Brian Leveson President of the Queen’s Bench DivisionSir Brian Leveson : “The changes I have recommended are all designed to streamline the way the investigation and prosecution of crime is approached without ever losing sight of the interests of justice.“Our conduct of criminal trials was designed in the 19th century with many changes and reforms bolted on, especially over the last 30 years. The result is that it has become inefficient, time consuming and, as a result, very expensive.”

Moving towards a digital by default culture.• Prosecution case (statements, summary and evidence) disclosed to

the defence digitally at each stage of the proceedings.• Access to pre-recorded material (increasing deployment of body worn

police video equipment).• Security aspects to access the digital material.• Judicial engagement with prosecution and defence through digital

case system.• Defence submissions into the digital case file.• A paperless court room environment.

Live and recorded evidence in court.

Interaction by - • Increasing trend for police officer evidence to be given via video conference link into court.

• Live link into court for preliminary and sentencing hearings.

• Witness/victim gives live evidence from remote site.

• Pre-recorded examination in chief and cross examination.

Police evidence

Defendant held in custody

Special measures

Virtual court environment

Getting the balance right is possible.• A high quality and proportionate

case investigation;• Fair appraisal of evidence and

proportionate and timely disclosure of material to the defence;

• Defence and prosecution meeting their obligations under prescribed criminal procedure rules;

• Case ownership and direct engagement between the defence and prosecution;

• Consistent judicial case management.

7

Additional resources

Sir Brian Leveson’s review into the efficiency of the criminal justice system.https://www.judiciary.gov.uk/publications/review-of-efficiency-in-criminal-proceedings-final-report/

Recent joint statement by the Lord Chief Justice and Secretary of State for justice on court reform.https://www.judiciary.gov.uk/publications/transforming-our-courts-and-tribunals-system-by-the-lord-chancellor-the-lord-chief-justice-and-senior-president-of-tribunals/.

Criminal Procedure Rules Committeehttps://www.gov.uk/government/organisations/criminal-procedure-rule-committee