Legal experts are raising alarm about a new virtual courtroom system rolled out throughout New South Wales (NSW). This new system is set to go live on July 7. Karly Warner, a Palawa lawyer, fears that the system may force legal professionals to turn clients away, particularly those in regional areas. Now, under the new system, defendants will attend for bail hearings from police stations via audio-visual links. At the same time, challengers will join virtually to take part in the hearings. The changes come against the backdrop of a continuing debate over whether or not a system like this would be effective or even fair.
Necessarily, in the new online framework solicitors would only be paid once they were able to represent their defendant on the day of their virtual court hearing. However, solicitors are physically unable to come into courtrooms on the same day. This limit poses serious questions about their capability to juggle any number of cases, let alone dozens. David Heilpern, a professor with over 22 years of experience in the legal field, highlighted that technical issues routinely disrupt online appearances, complicating an already challenging process.
Concerns about Accessibility and Fairness
Karly Warner, Executive Director of the National Indian Child Welfare Association, highlighted the accessibility challenges that would come with a new virtual system. “It is not unusual for our solicitors in regional locations to be doing bail hearings and then to be doing a list of 20-plus Aboriginal people,” she stated. Warner fears these new rules will continue to deny quality legal representation to so many when it matters the most.
Surrounding communities, as Warner noted in his written testimony, offer important supports for defendants that would be unavailable with a virtual courtroom. “This is depriving people of such critical supports when they’ve already lost their liberty, are in police cells, and are at the greatest risk of harm,” she remarked. The transition to virtual hearings may prevent legal advocates from being able to effectively advocate on behalf of clients. This is especially the case in situations where family influence could tip the bail outcome.
Technical Challenges and Efficacy of Virtual Hearings
Professor David Heilpern has often experienced technical challenges involved in virtual court appearances. “We’ve all had our internet and Zoom and Teams meetings drop out, but when it’s in court that can be really critical,” he noted. He outlined the difficulty of determining a defendant’s truthfulness or psychiatric condition. It’s a very different story when we are relying solely on audio-visual connection rather than having them in-person in court.
Heilpern’s worries go beyond the philosophical and aesthetic aspects of the new architecture. It’s practical considerations are doing real damage to defendants. “They might set daily reporting conditions at Coffs Harbour Police Station when you live 300 kilometres away,” he explained, emphasizing how logistical challenges could exacerbate an already stressful situation for those seeking bail.
Government’s Position on Virtual Hearings
A spokesperson for NSW Attorney General Michael Daley argues that centralized bail hearings are a step toward greater oversight in the judicial process. They expect this new process to increase efficiency, too. “Centralised bail hearings will improve the handling and oversight of decisions while allowing matters to be heard faster and more efficiently,” the spokesperson stated. They added that “the Department of Communities and Justice will continue working with legal service providers to ensure accused persons receive legal support.”
Remote Regional NSW prepares for first local bail hearings by video-link next month. Legal experts have grave concerns about how it will affect defendants, particularly those most at risk. The conversation surrounding virtual courtrooms illuminates a significant tension between technological advancement and the foundational principles of fairness and accessibility in the justice system.
