Vulnerable witnesses or litigants may be able to decide if they would prefer to have their case heard online rather than in physical courtrooms, the President of the High Court Ms Justice Mary Irvine has suggested.
Drawing on experience of how the courts operated during the Covid-19 pandemic, Ms Justice Irvine said access to the courts “could be improved” for those who may have been traumatised and as a result are unable to deal with the potential trauma of a visit to courts.
Addressing an online conference on Access to Justice on Saturday, Ms Justice Irvine said everyone coming to court had a different understanding of the processes and different needs in terms of information and support.
She said the obligations of the courts were not limited to addressing the physical needs of someone coming to court. She said assistance should be provided wherever it was required.
‘Remarkable speed’
Referring to the protection of vulnerable witnesses, Ms Justice Irvine said during the pandemic a lot of work “was put on to remote platforms – introduced with remarkable speed – and I believe remote hearings can be used going forward to help improve access to justice for those who want it”.
She said “people should be able to come to court and be treated equally, this is not a substitute, but where somebody has a physical disability or an intellectual disability and they feel they could give their evidence better from their own home – or a different environment – I think we should be in a position to assist”.
Ms Justice Irvine said “remote hearings should be available and I think any litigant should be entitled, when they issue their proceedings to tick a box saying, ‘I would like a remote hearing because I don’t want to come to the Fours Courts, it is too intimidating, I get panicked, or whatever’.”
She said it was not just a question of allowing the person with a disability give their evidence by video link.
“I think that often makes the system look unequal. . . there is no reason not to put the whole hearing on to a remote platform.”
Ms Justice Irvine said equal treatment in the court processes was being enhanced by training and mentoring for judges.
Closing address
The conference is an initiative of the Chief Justice’s Working Group on Access to Justice.
The closing address was provided jointly by the outgoing Chief Justice Frank Clarke and the incoming Chief Justice Donal O’Donnell.
Mr Clarke urged participants to ponder the workshops conducted during the conference – “but not at too great length”.
He said the conference had revealed diverse areas where “we need to pay attention” but without practical implementation, the initiative would have been “of limited use”.
He offered to continue to be of service to the working group after his retirement.
Mr Justice O’Donnell paid tribute to the outgoing Chief Justice’s work in promoting access to justice.
He said if people did not know the courts could provide an answer to their problems, if they did not think they could get into court, or could not afford to get there, “then the care and attention with which justice is dispensed inside a court room looks less impressive”.
He said if justice looked “more random” people would “perhaps justifiably become more sceptical of what lawyers like to call grandly, the ‘rule of law’.”
