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Wednesday 13 April 2022 1:43 pm

Magistrates call for fewer online hearings after defendant tuned in while having a bath

By: Louis Goss

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Courthouse gavel and screens

The rise of remote hearings in magistrates’ courts saw defendants tune into tribunals while having a bath, a new report from the Magistrates Association has said.

The use of video calls during the pandemic saw some defendants show a “complete lack of respect” for the court, by appearing “half-naked” and treating the process like “social media” the report says.

The report claims many defendants simply “switched off” while tuned into video calls, as they struggled to properly engage.

The paper, based on a survey of 865 magistrates, said the rise of online hearings had led to a rise in the number of those failing to take proceedings seriously.

In calling for new guidance on use of remote hearings, the report says use of video calls in magistrates’ courts has diminished the gravitas of the process and undermined trust in the system.

The report says remote hearings should only be used when necessary, as it claims the use of video calls hinders communication as those involved in proceedings are unable to pick up on non-verbal cues.

Others said the rise of remote hearings made the magistrates process seem like a “conveyor belt” as they argued that being in a formal courtroom helps defendants understand the seriousness of the situation.

Magistrates raised concerns that the lack of seriousness may lead to higher rates of reoffending, as defendants are not deterred by their experiences in court.

The report also says that magistrates faced issues in controlling the courtroom, as the only option is muting those who become disruptive.

One magistrate said they struggled to establish rapport with those appearing in court during online hearings, particularly with youth defendants.

The report also raised concerns that older people had struggled to work with the technology as one magistrate claimed video calls have added an extra “layer of stress” to proceedings.

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