Frontline perspectives on using audio visual links (AVL) for NSW criminal court proceedings

Aim

To understand the perceived advantages and disadvantages of using audio visual links (AVL) for NSW criminal court proceedings, and ideas for improving practice, based on frontline perspectives.

Method

Semi-structured interviews were conducted with 37 professionals working in NSW criminal courts, including judicial officers, legal practitioners and other justice professionals. Qualitative content analysis was performed to identify themes across the interviews.

Results

Interviewees voiced arguments both for and against AVL use, but none believed unequivocally that it should feature to a greater or lesser extent in NSW criminal courts. The main disadvantages of using AVL in criminal court proceedings reported by interviewees related to substandard infrastructure and a loss of human interaction, connection and emotion. These disadvantages make for a lower fidelity and dehumanised court experience for everyone. At the same time, interviewees indicated that there are clear advantages of AVL in terms of convenience, especially when participants are geographically dispersed, and comfort, for lay court users such as witnesses and defendants. Moving forward, interviewees felt that appropriate use of AVL in NSW criminal courts depends on the specific application and circumstances, but that a system level uplift is required to improve the online experience.

Conclusion

It is widely acknowledged that AVL will be an enduring mode of delivering justice. With further improvement of infrastructure, it is likely that many of the drawbacks associated with AVL use can be overcome, though there remains a need to be vigilant in applying technology-mediated procedures more routinely in criminal court proceedings. Further consideration of the unexamined link between AVL use and longer-term recidivism, as well as attention to procedural justice and newly created barriers of communication and technology, may also be worthwhile.