Courts (Remote Hearings) Bill

Debate between Andy Carter and Allan Dorans

Committee stage
Wednesday 15th May 2024 Public Bill Committees

[Andy Carter]

It is clear that courts, particularly the magistrates court, already make full use of digital means. The Bill will benefit those suffering from domestic abuse, particularly where restraining orders and non-molestation orders are in place to keep somebody who has committed domestic abuse away from the victim. In the event that someone is arrested on a weekend, say, a Saturday morning, and there is a 24-hour time limit in which they can be held, they may well be released because the court does not sit before Monday, and they cannot appear before court in that time. Once released, they could cause more problems for the victim of domestic abuse. The Bill will mean that that person could appear before a judge and the judge could remand them or take other steps to ensure that the victim is protected. My hon. Friend is right to raise that point.

Under clause 1, defendants or debtors will have a hearing within the mandated period of 24 hours or will have to be released by the police in the case of those who are in breach of an injunction, as I have just said to my hon. Friend. In doing so, we are ensuring that the rule of law is upheld and that we provide for better and more timely access to justice. Public safety is also enhanced by ensuring that dangerous individuals—in the case of breaches of injunctions—are not released for want of finding a court or member of the judiciary out of court hours.

The use of remote links in court proceedings is relatively common. As a magistrate, I sit on a regular basis on remote court hearings, and there is no negative impact on ensuring that justice is delivered. In fact, I would argue that it delivers significant benefits. This provision will provide greater flexibility at judicial discretion where appropriate. Most importantly, it does not mandate that remote links must be used. Access to justice is not curtailed. The defendant will be able to make representations to the judge, and the safeguards of access to legal representatives remain in place.

Clause 2(1) provides that the Bill will come into force at the end of the period of two months following Royal Assent. Subsection (2) sets out that the Bill may be referred to as the Courts (Remote Hearings) Act 2024. This clause establishes the timing for the Bill to become law once its passage through this House is completed. There is nothing controversial in these arrangements. I commend the Bill to the Committee.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Twigg. I am aware that the hon. Member for Warrington South is a magistrate. I have served as a justice of the peace in Scotland and am aware of the implications of the Bill. I see no negative sides to it. Although the Bill does not extend to Scotland, its provisions appear eminently sensible and will only assist in the timely, flexible and efficient administration of justice in appropriate cases. Therefore, the Bill has my full support.

[Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con)]

I am not a lawyer or solicitor or magistrate, but I am interested in this, because the administration of justice in places like Somerset is few and far between. The nearest court we have is in Taunton, meaning all my constituents must travel there, so I understand the provision for video links, but I have some questions about it. First, if somebody misbehaves on the video link, they cannot be reprimanded for contempt or anything else. I am interested to know what will then happen. Are they brought to a court for proceedings to take place in person?

Secondly, what is the procedure for defendants on video links whose first language is not English? I have done enough international conferences with a language barrier, as I am sure my hon. Friends have, to know how difficult that is. Thirdly, the explanatory note says that the use of video links is

“common in civil and family proceedings. In those proceedings, the appearance of a defendant by remote link is permitted at the direction of the court, including cases of far greater sensitivity or gravity.”

What is “greater sensitivity or gravity”? The Minister mentioned it, but I am interested in what that pertains to. I think that is important.

Fourthly, when a video link is used, is the solicitor in the court, or are they on the video link? We all want representation. In Somerset, the remand centre is in Bridgwater and the court is in Taunton. This Bill is eminently sensible and I agree with it, but I am wondering about the practicalities of making sure that someone can exercise their right to justice and to be represented. I am wondering what the mechanism for that is.

I am also concerned about intimidation. If someone is on remand and appearing via video link, there are other people around them—not in the room, probably. One of the great things about being in a court is that the person is in the court. They are part of court proceedings, with court officials and court people. If they are elsewhere, there is potential for intimidation. What if somebody appearing in court is on remand? Someone else has had a go at them, because there is also somebody else in these places. Are we absolutely sure that people are not going to be put under undue pressure to appear on the video link?

Finally, on the video link, will officials—in other words, police and others—be in the room with the defendant? What is the mechanism for making sure that there are suitable people in the room should the person decide to have a hissy fit or otherwise?