Courts (Remote Hearings) Bill

Debate between Ian Liddell-Grainger and Andy Carter

Committee stage
Wednesday 15th May 2024 Public Bill Committees

[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?

[Andy Carter]

I am very grateful to my hon. Friend the Member for Bridgwater and West Somerset for being part of this Bill Committee and for his questions, which are eminently sensible. I preface my remarks by saying that remote justice is frequently already used in the courts. In fact, in many cases, particularly for those on remand, there is a preference for remote hearings, because if someone is being held on remand in prison, remote hearings mean that they do not have to leave the prison, go to court, take all their belongings with them and risk being taken back to a different prison. They can stay in their prison and attend the court via video link. It is regularly used.

My hon. Friend raised questions about contempt. The judge or magistrate treat an individual attending on a remote link as being part of the court. If they misbehave, the sanctions for contempt are exactly the same as they would be if the individual were present in the courtroom.

The same is true for non-English-speaking attendees. There is a facility to ensure that anybody who needs an interpreter can access one. That is at the discretion of the judge. In my experience as a serving magistrate, one becomes very aware very quickly if someone does not understand proceedings and one ensures that an appropriate interpreter is put in place.

My hon. Friend made a good point about solicitors. In many cases, duty solicitors will be in the court, but they have an opportunity to speak to the defendant or the debtor online prior to the court hearing, although in some cases it may be that the defendant is with the individual in the centre where the video link is taking place.

I think the point my hon. Friend made about intimidation and officials is important. By its very nature, it is a remote hearing, and the individual is somewhat remote from the court premises, but magistrates and judges are very used to ensuring that people who are participating remotely on video or telephone links are brought into court and understand fully. One of the things I have learned as a magistrate is that we go over the top to explain what is going on to somebody who is not in the court. I would therefore say to my hon. Friend that magistrates and judges are used to dealing with defendants and debtors who are on a video link, and they take every step to ensure that court proceedings fully include those individuals. I hope that answers his questions.