The project will examine the process of remote participation in criminal court proceedings
The Te Herenga Waka Centre for Justice Innovation will helm a research project examining the use of remote participation in criminal court proceedings.
The project was launched to obtain more evidence regarding the effect of remote court participation on vulnerable defendants, victims and court process integrity. Its aim is to support fair and effective justice processes.
It will conduct empirical research with court users and stakeholders to generate an evidence base; moreover, it will evaluate global experiences. Former judge John Walker, Professor Yvette Tinsley and conflict resolution practitioner Everard Halbert (Rongowhakaata, Ngāti Tama, Ngāti Whiti) will spearhead the project as the centre’s co-directors.
“There are many barriers to participation in the court and those who are neurodivergent or have disabilities often require special accommodations. We need to know whether remote participation is a help or a hindrance for these people and determine how we know who is who, and who needs what to enable effective participation”, Walker said.
He explained that court users with disabilities would be among those the research focused on.
“We will focus initially on the effects of remote participation on defendants, especially those who are neurodivergent, have mental health needs, or have intellectual disabilities. We will also examine the experiences of victims, impacts on Māori and Pasifika court participants, and consider the impact on those in custody, including the management of transitions from custodial settings to courtrooms via AV link”, Walker said.
Tinsley added that the study results would help the government make decisions on the scope of remote participation, including “the types of proceedings, rights protections, and procedures necessary now and in future”.
The project is being financed by the justice ministry and a grant from the Michael and Suzanne Borrin Foundation.
“There are many benefits of remote participation by AVL but we hope our research will enable decisions to be made which balance these benefits against the right to fully participate in court”, Walker said.
