Use of digital technology – a criminal court perspective
1. Use of digital technology – a criminal court perspective
Enzo Riglia
Deputy Director and Head of Crime
Her Majesty’s Courts and Tribunal
Service.
1
2. Defence engagement with current and
developing technological enhancements
in criminal courts.
• Written Evidence -
• Interaction with criminal case
summary and evidential
documentation.
• Obligations on defence and
prosecution from point an
individual is ‘charged’ with an
offence.
• Defence, prosecution and
judicial interventions through
the digital case system.
• Oral evidence -
• Interaction with witnesses and
alleged victim during a criminal
trial.
• Video conferencing of live
evidence and the impact on
criminal proceedings.
• Statutory special measures for
alleged victims to support the
rule of law.
3. Sir Brian Leveson
President of the
Queen’s Bench
Division
Sir Brian Leveson : “The changes I
have recommended are all
designed to streamline the way
the investigation and
prosecution of crime is
approached without ever losing
sight of the interests of justice.
“Our conduct of criminal trials
was designed in the 19th century
with many changes and reforms
bolted on, especially over the
last 30 years. The result is that it
has become inefficient, time
consuming and, as a result, very
expensive.”
4. Moving towards a
digital by default
culture.
• Prosecution case (statements, summary and evidence) disclosed to
the defence digitally at each stage of the proceedings.
• Access to pre-recorded material (increasing deployment of body worn
police video equipment).
• Security aspects to access the digital material.
• Judicial engagement with prosecution and defence through digital
case system.
• Defence submissions into the digital case file.
• A paperless court room environment.
5. Live and recorded evidence in court.
Interaction by - • Increasing trend for police
officer evidence to be given via
video conference link into court.
• Live link into court for
preliminary and sentencing
hearings.
• Witness/victim gives live
evidence from remote site.
• Pre-recorded examination in
chief and cross examination.
Police evidence
Defendant held in
custody
Special measures
Virtual court environment
6. Getting the
balance right is
possible.
• A high quality and
proportionate case
investigation;
• Fair appraisal of evidence and
proportionate and timely
disclosure of material to the
defence;
• Defence and prosecution
meeting their obligations
under prescribed criminal
procedure rules;
• Case ownership and direct
engagement between the
defence and prosecution;
• Consistent judicial case
management.
7. 7
Additional resources
Sir Brian Leveson’s review into the efficiency of the criminal justice system.
https://www.judiciary.gov.uk/publications/review-of-efficiency-in-criminal-
proceedings-final-report/
Recent joint statement by the Lord Chief Justice and Secretary of State for
justice on court reform.
https://www.judiciary.gov.uk/publications/transforming-our-courts-and-
tribunals-system-by-the-lord-chancellor-the-lord-chief-justice-and-senior-
president-of-tribunals/.
Criminal Procedure Rules Committee
https://www.gov.uk/government/organisations/criminal-procedure-rule-
committee