Courts (Remote Hearings) Bill

Debate between Andy Carter and Jo Gideon

Committee stage
Wednesday 15th May 2024 Public Bill Committees

[Andy Carter (Warrington South) (Con)]

It is a pleasure to see my constituency neighbour in the Chair, Mr Twigg. I propose to deal with clauses 1 and 2 together, and I promise hon. Members that we will be done within the six hours allotted.

This modest but important Bill amends current legislation to enable defendants and debtors in specific types of cases heard in the magistrates court or the county or family courts to be able to appear remotely via a live audio or video link. The use of remote links of this type is relatively common and is already used in civil, family and criminal jurisdictions, delivering significant benefits not only through swifter access to justice, but by utilising the court estate efficiently. As a result of the Bill, two categories of cases will be able to be heard remotely. This means that those in breach of some injunctions and orders in the county and family courts, as well as persistent defaulters on orders to pay either council tax or business rates, will be able to appear remotely.

The ability to appear remotely is especially important, as in many cases, defendants must be physically brought before the courts within 24 hours of their arrest for breach of these civil injunctions. Sometimes, that is not possible. Defendants may be arrested out of hours, and court facilities may be some distance away, and all the while the clock is running down.

This Bill addresses those points. People who are arrested for those breaches will now be able to appear remotely, as will defaulters. However, remote does not mean a lesser degree of access to justice. The courts recognise that a remote hearing is no less capable in principle of being fair than a hearing at which all parties are physically present. That has been affirmed by the evaluation by His Majesty’s Courts and Tribunals Service of remote hearings during the recent covid pandemic. Importantly, the Bill does not mandate remote hearings. The ultimate determination will be by the judge or magistrate, who will make their ruling after hearing from the parties and taking into consideration the availability of facilities for such hearings.

With that background in mind, I turn to the clauses. Clause 1(1) sets out the required legislative changes. These include an amendment to section 47 of the Family Law Act 1996 on arrest for breach of order. Clause 1(1) inserts proposed new subsection (13), which provides that the defendant may appear before the court either by way of live audio or video link. Clause 1(2) amends section 9 of the Anti-social Behaviour, Crime and Policing Act 2014 on arrest without warrant. It inserts proposed new subsection (7), which provides that the defendant may appear before the court either by way of live audio or video link.

Clause 1(3) amends section 43 of the Policing and Crime Act 2009 on arrest without warrant. It inserts proposed new subsection (8), which provides that the defendant may appear before the court by live audio or video link. Clause 1(4) amends paragraph 8(1A) of schedule 4 to the Local Government Finance Act 1992 on enforcement in England and Wales. It inserts proposed new sub-paragraph (b), which states that regulations may provide that the debtor, subject to an application under paragraph 8(1A), may appear before the court either by way of live audio or video link.

Clause 1 sets out the necessary changes to legislation so that a defendant or a debtor, in certain circumstances, can appear before a court by live link. These changes ensure that individuals who are arrested for breaching certain family court or county court injunctions, or who persistently fail to pay business rates or council tax, can appear before the court in a timely and efficient manner using remote links.

[Jo Gideon (Stoke-on-Trent Central) (Con)]

I congratulate my hon. Friend on introducing this important Bill. Can he confirm that a remote hearing will be of benefit in domestic abuse cases? It is really important that domestic abuse cases are heard in this way, because it provides a critical lifeline as a safe, accessible platform for survivors to seek justice and removes the burden of a physical court appearance. The digital approach ensures confidentiality and reduces the risk of intimidation, empowering victims to speak up and access legal recourse swiftly and securely.

[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.