Consultation with legal profession stresses importance of fair trial rights
Helen Winkelmann, New Zealand’s chief justice, has announced the publication of protocols for the utilisation of remote participation by defendants in custody in criminal hearings before the District Court and High Court.
The chief justice’s media statement provided more information on the newly released protocols. It reiterated that New Zealand’s judges should conduct certain tasks through in-person proceedings, depending on the community’s expectations, the nature of the hearing or the defendant, and whether a fair process required in-person attendance.
According to the media statement, the criminal protocols explained when a defendant in custody should attend personally or remotely by default, how to provide and use such remote participation, and what minimum protections would ensure that the remote participation aligned with fair trial rights.
The media statement highlighted that defendants in all hearings should be able to participate fairly and effectively and access a lawyer to assist them in preparing for the proceedings. The New Zealand judiciary’s consultation with legal professionals and others on the criminal protocols stressed the importance of fair trial rights.
When New Zealand’s judiciary engaged with the corrections department, the department confirmed its commitment to ensuring the fair and effective participation of defendants attending remotely, including by:
New Zealand’s courts said they would collaborate with the justice ministry and other justice sector agencies to review and actively monitor the implementation of the criminal protocols and compliance with the minimum protections.
According to the chief justice’s media statement, the country’s judges should ensure procedural fairness and just outcomes for every participant in court proceedings and control the conduct of hearings, including the use of remote participation technology.
As the media statement emphasised, while New Zealand’s judges could leverage technology to improve access to justice and lower the complexity and costs of proceedings, they should use technology in line with fair process and a justice system run by and for New Zealanders.
The media statement noted that the New Zealand judiciary’s digital strategy for courts and tribunals sets out how to achieve an appropriate balance for technological use and implement a reliable and flexible remote participation system through investing in remote participation infrastructure and improving the processes involved.
