Legal Obscurity !

There is no doubt that a well turned out prisoner in a court will create a favourable impression on a judge and jury.  Defence Counsel usually strive to have their client suitably attired and those who stand confidently and promptly answer questions in a clear voice are more likely to be believed. It is often felt that such a presentation influences the length of the sentence handed down.

That opportunity to impress a judge is fast becoming a thing of the past.   It is being replaced with a video appearance whereupon the prisoner is sitting before a camera in a prison and the image is simply pixels on a small screen within the courtroom.   In most instances, the picture shown is only the accused persons face and there is no indication of height or other attributes.   Usually, the prisoner is attired in "prison Greens " which reinforce the fact that he or she is under lock and key.

The use of video in this way is sharply increasing as the equipment is installed in more prisons and courts and in recent times it has increased by four hundred percent.   There were 8605 instances of such use in 2002 and this increased to  44,802m in 2014.

Prior to the use of video, each prisoner had to be transported physically to each court appearance by prison transport.   This required being locked in holding cells under the courthouse until the hearing and most prisoners found it a very disagreeable experience.    Increasingly, video has replaced live appearances for such minor matters as "mention ", bail applications, pre- sentencing hearings and now even sentencing is delivered in this manner.

Disturbingly, the very confidential briefings between the accused and their counsel are being conducted by video.  This certainly frees counsel from the long drive to country prisons but the loss of face to face contact in person makes it harder to achieve a more intimate relationship in which nuances and nods and winks can impart information.   Some prisoners doubt the security sanctity of video conversations with their counsel.   We live in an age of electronics and in some jurisdictions the police are known for "bending"  the rules.

We are living in an age of overcrowded prisons and a lack of judges to speed cases through the courts.   The past procedure of transporting prisoners to court for each and every procedure was time consuming and a waste of court time.  Video certainly speeds things up, but at a cost that is yet to be measured.  In some instances, judges barely glance at the video screen and rely entirely on the audio.  It is almost impossible for a prisoner to demand attention in the same manner as if he or she is standing in the dock and giving evidence.

Another outcome of video presentation is a sharp rise in the accused entering a guilty plea.   Many feel that their inability to be present in court and exert a favourable influence on the outcome means that the justice system is "rail roading " them to an inevitable conviction.   They simply plead guilty in the hope of a lesser sentence.

We have a court system that is supposed to dispense justice. It requires the intervention of the boffins to improve the electronics to the extent that the video appearance of an accused in court meets much the same standards as an actual physical appearance.

Anything less is justice denied !