Justice by video-link proposed

Justice would be administered by video-link under a Government proposal that would revolutionise the traditional court system and save millions of dollars a year.

Criminals would be sentenced by video-link from prison rather than the dock and judges would preside over cases "remotely" instead of from the bench.

And, in the future, the "virtual courtrooms" could even fulfil the principle of open justice by allowing the public to tap in via the internet.

The regular use of video-link is part of a major justice reform package under consideration by Justice Minister Simon Power and aimed at speeding up the clogged courts system.

The proposal would see video facilities installed in prisons, police stations, courtrooms and legal offices.

It would probably start with routine appearances, such as pre-trial sessions, but could be expanded for all aspects of the courts system over time.

This includes juries and judges operating remotely from the courtroom.

Mr Power said the proposal had "real appeal" for cost savings.

He was conscious of the traditional status of the courtroom and the ability of a "judge to look a defendant in the eye" but said technological advances and the need for reform could not be ignored.

"We are not going to be constrained by the historical notions of those with an institutional investment in the court process.

"The point is to reduce delays, and make it victim- and witness-friendly," Mr Power said.

He said the use of video-link would have to be checked against the Bill of Rights, which entitled everyone to a "fair and public hearing", to be at their trial and be able to examine witnesses.

Mr Power said "middle-range" cost estimates showed it would cost $22 million to install and run the technology at 52 locations over four years, with savings of $43.1 million over the same period.

Mr Power said the use of video-link would be part of a new criminal procedure Bill intended to be made public by the end of the year and in force by the end of 2010.

Official advice prepared for Mr Power says video-link will cut delays and benefit all users of the court who have to travel to be there: victims, witnesses, defendants, judges, lawyers and parties in civil disputes.

The official advice says an example of cost savings would be the $22.3 million a year prisoner transportation costs taxpayers each year under the current requirement that they be in court for each appearance, even if it is just routine.

The advice says it costs $131 for each prisoner's appearance - and last year Corrections and Police carried out 170,000 transports from police cells or prisons to the courts.

The advice also notes the ombudsman recommended increased use of video-link following his inquiry into the fatal bashing of Liam Ashley in a prison van.

Video-link is now only used for some witnesses in criminal trials, particularly those from overseas.

There are only eight permanent video-link set-ups in the 226 hearing rooms in New Zealand's courts.

The advice notes that video-link is widely used in court systems in the United States, Canada and Australia.

The advice says officials estimate there are 14,900 unnecessary court appearances per year.

District court jury trials take a year to take place, with the average delay increasing by a week each year.

High Court trials take 16 months, with the average delay increasing by a month a year.

The number of cases thrown out because of excessive delays have tripled to 19 in three years, and the number of prisoners on remand awaiting trial has risen from 534 in 1998 to 1771 last year. 

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