Remote hearings, E-Filing, and Videolinks Introduced
Minister for Justice and Equality, Helen McEntee TD, has signed the Commencement Orders for the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, which was signed into law by the President on 6th August, 2020.
The Act provides for a range of important reforms to respond to new challenges and legal issues arising in the context of the current Covid-19 pandemic. The measures introduced will also facilitate Coroners to respond more flexibly to public needs.
Commenting on the new law, Minister McEntee said,
This legislation reflects an important aspect of the courts’ dynamic response to the new challenges and many legal issues arising in the context of the current pandemic. The enabling provisions relating to criminal proceedings will help to support the courts resumption of criminal trials, especially during the pandemic.
“In the longer term, the reforms will result in greater efficiency and flexibility by expanding the use of modern technology in the Civil and Criminal Courts. Overall this represents a substantial and very positive modernisation and reform of the law.
The Act covers a wide range of issues relating to both our civil and criminal legal systems, such as:
- the reform of the law concerning coroners in the context of the current pandemic,
- the introduction of a statutory basis for our courts to conduct remote hearings in civil proceedings;
- the admissibility of business records as evidence in civil proceedings;
- the lodgement of documents with the courts by electronic means, or e-filing;
- the lodgement of "statements of truth" with the courts by electronic means as an alternative to the swearing of affidavits;
- provision for the wider use of video links between persons in custody and the courts;
- enhancing and widening the existing provisions on giving evidence through video link;
- providing for appeals (to the Court of Appeal and the Supreme Court) in criminal proceedings to take place via remote hearing;
- providing for the remote meetings of State bodies, unincorporated bodies and bodies designated by Ministers of Government; and
- provisions making it easier to alter the operating hours and sitting locations of the District Court.
The Minister concluded,
This Act contains important steps in the process of modernising our courts and our civil and criminal law systems, in the light of the current pandemic and beyond. The measures it contains will ensure the continuity of the essential services the courts provide in manner that is efficient and safe for our citizens.
Notes for Editors
The Minister has signed two Commencement Orders for the Civil and Criminal Law (Miscellaneous) Provisions Act.
Most of the provisions will come into effect on 21st August.
Section 5 (subsections 1,2, and 4) (Repeals), Section 23 (Certain applications to court in criminal proceedings to be heard using live video link), Section 24 (Certain applications to court in relevant proceedings to be heard using live video link) and Section 25 (Evidence through live video link) will come into effect on 14th September.
The Department is currently considering an appropriate timetable to commence Section 32.
Further details of the Act:
Courts Service
The Act provides for the reform of the law in relation to Business Records in Civil Proceedings. These reforms follow the recommendations of the Law Reform Commission in its 2016 report: "Consolidation and Reform of Aspects of the Law of Evidence".
The provisions in the Act relating to the use of electronic means in civil proceedings, and the introduction of a ‘statement of truth’ as an alternative to the swearing of Affidavits, will be of particular assistance while the current restrictions continue and have the potential to yield significant benefits to the Courts Service and users of court services.
The Act also includes provisions to deal with the holding of meetings of unincorporated bodies, such as clubs, remotely during the pandemic and allows designated bodies, such as appeals boards, to conduct their business remotely. The Minister has previously said that this is a reform that, where it is availed of, will endure beyond the period of the pandemic.
In addition, the Act reforms the process by which the times and locations of District Court sittings can be altered. It will be of particular use during the current restrictions but will continue into the future as a reform measure.
Criminal Proceedings
The Act introduces a number of changes in relation to criminal procedure. These are urgently needed to assist the courts with the efficient conduct of criminal trials, particularly during the Covid-19 pandemic where physical attendance may be difficult or impossible for public health reasons.
The changes will allow wider use of videolinks between accused persons and the courts. These are currently limited to persons in custody, for a limited list of hearing types. The list of hearing types is extended in the Bill, including to permit arraignments, returns for trial, sentencing hearings and certain aspects of surrender proceedings, and to allow accused persons not in custody to attend those hearings by videolink where the court so directs.
Nothing in the Act affects the right of an accused person to be present in person during the trial itself.
The Act also allows witnesses to attend the same types of hearings by videolink, and provides for appeals to the Court of Appeal and the Supreme Court in criminal proceedings to be conducted remotely, with some or all of the participants attending via videolink.
Additionally, it addresses a long-standing issue with the committal warrants for persons already in prison, and removes the need to transport prisoners between one prison and another, merely to execute these warrants.