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Don't let a health crisis become a justice crisis. This is message of new report @EHRC publishes today on impact of video & audio links on human rights of defendants with mental health issues/cognitive impairments. Complements scary thread by @melstooks https://www.equalityhumanrights.com/en/our-work/news/preventing-health-crisis-becoming-justice-crisis https://twitter.com/MelStooks/status/1252521806554116096
@EHRC did research pre-Covid but findings come into their own now. Verbatim quotes: "We found that opportunities to identify impairments and make adjustments are lost or reduced when a defendant appears in court by video-link rather than in person.
For defendants whose first meeting is over video, professionals from a range of sectors felt that this significantly undermined the ability of advocates to identify impairments. Criminal justice professionals suggested that the ‘human element’ is missing from these interactions
and that trust and rapport are harder to build up. They underlined that both people and behaviours can be easily misunderstood over remote technology."I think it is less easy for the court to identify if somebody is confused, or unable to pay attention, or whatever else it may be
because you are a little remote figure on a TV screen. Yes, I think you are less well able to represent yourself... or for the court to easily identify that you are not necessarily able to follow what is going on. You are just less present" (Liaison & Diversion practitioner)
Concerns were raised about privacy and legal privilege with video-links in courts, as they are not always soundproof. It was also noted that being alone for a video hearing, without support, can be difficult for some people". Quote in report from judge re defendants
"My overall view would be that it's better for them to be brought to court for all sorts of reasons, because – amongst other things – they can see the solicitor, the solicitor can make a judgement on the day, the barrister can make a judgement on the day, & then the trial process
can be adapted in a particular way. Doing it remotely, as far as getting the defendant’s participation & understanding is concerned, I would have thought is acutely compromised". Needs must now but this report suggests digital is jeopardising effective participation #onlinecourts
