Led by Te Herenga Waka Centre for Justice Innovation, this research project will examine when and how remote participation should be used in criminal court proceedings, with the goal of supporting fairer and more effective justice processes.
The use of remote participation in courts refers to where one or more participants take part in court proceedings using audio-visual link (AVL) or audio technology, rather than appearing in person. Since the Covid-19 pandemic, remote appearances have become more common in courts around the world, but there is a need for more evidence about the impact on vulnerable defendants, victims, and the integrity of court processes.
“There are many barriers to participation in the court and those who are neurodivergent or have disabilities often require special accommodations. We need to know whether remote participation is a help or a hindrance for these people and determine how we know who is who, and who needs what to enable effective participation,” says retired judge John Walker, a co-director of the Centre, and project co-lead.
“There are many benefits of remote participation by AVL but we hope our research will enable decisions to be made which balance these benefits against the right to fully participate in court” he said.
The project, which is supported through a Michael and Suzanne Borrin Foundation grant with additional Ministry of Justice funding, will build an evidence base through empirical research with court users and stakeholders, along with a review of international experiences.
Research from this project aims to ensure that technology enhances people’s experiences of court systems and proceedings. “We will focus initially on the effects of remote participation on defendants, especially those who are neurodivergent, have mental health needs, or have intellectual disabilities. We will also examine the experiences of victims, impacts on Māori and Pasifika court participants, and consider the impact on those in custody, including the management of transitions from custodial settings to courtrooms via AV link,” explains John Walker.
“We anticipate that the project findings will contribute to government and judicial decision-making regarding the scope of remote participation, such as the types of proceedings, rights protections, and procedures necessary now and in future,” says project co-lead, Professor Yvette Tinsley.
As an independent voice on justice issues, Te Herenga Waka’s Centre for Justice Innovation is well placed to lead this work. The Centre, based at Te Kauhanganui Tātai Ture—Faculty of Law at Te Herenga Waka—Victoria University of Wellington, brings together multidisciplinary expertise to support change in the way that justice is delivered in Aotearoa New Zealand.
The project will be led by the Centre’s co-directors, Professor Yvette Tinsley, John Walker, and conflict resolution practitioner, Everard Halbert (Rongowhakaata, Ngāti Tama, Ngāti Whiti), with support from colleagues across the Faculty of Law and wider university.
The Centre held a valuable forum in March, bringing together representatives from the disability and neurodivergence spaces, justice sector agencies, and the judiciary, for a conversation about the challenges and benefits of utilising remote participation for defendants facing barriers to participation.
“The forum raised issues that will guide us in the areas we need to concentrate on in our research”, says John Walker.
A summary report of this forum is now available on the Te Herenga Waka Centre for Justice Innovation website and is the first of a series of publications from the project.
“We are grateful for our funders’ support of this project, and for the Michael and Suzanne Borrin Foundation’s ongoing support of the Te Herenga Waka Centre for Justice Innovation’s work in addressing cross-cutting justice issues,” says Professor Tinsley.
Website: https://www.wgtn.ac.nz/cjinz
Direct Link to Remote Participation Project: https://www.wgtn.ac.nz/cjinz/research/remote-participation-criminal-proceedings