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updated on 29 May 2018
In response to the publication of the Courts and Tribunals (Judiciary and Functions of Staff) Bill, the Law Society has cautioned that stringent protections are essential when justice is to be delivered via technology.
The Law Society has commented on the proposed changes, stressing that while using technology to help deliver justice is reasonable, appropriate safeguards must be in place.
Law Society president Joe Egan said: “A modernised court service and efficient use of technology could benefit all court users and will hopefully allow for court staff to deal with ‘routine matters’ and free up judges’ time to concentrate on other matters. Technology has an important role to play, but it is not a silver bullet. A recent National Audit Office report has highlighted that this programme has significant funding gaps. We are aware that facilities are not yet in place across all courts.”
Egan made a particular point that online pleas should only be allowed where the defendant is represented by a lawyer. He said: “It’s one thing to be able to enter a plea and be convicted online in very minor cases, as you currently can by post. But we will want to see the most stringent protections against ‘mission creep’ so that online justice is not used for more serious criminal offences.”