Moving criminal cases online could lead to innocent people pleading guilty, a leaked report warns
updated on 25 January 2019
Plans to introduce online criminal hearings pose “a very real risk of unfair or disproportionate outcomes for the most vulnerable people in our courts,” the Magistrates Association has warned the government in leaked testimony not intended to be seen by the public.
The government plans to move more criminal cases online, which will involve people accused of crimes submitting their ‘guilty’ or ‘not guilty’ pleas digitally rather than in court. The Magistrates Association has warned that the proposals could treat vulnerable people unfairly. “There is a risk that defendants will indicate a plea without getting appropriate legal advice, possibly without realising the seriousness of the case. This would result in incorrect outcomes, where a defendant is found guilty of an offence of which they are innocent,” it said.
The association, which represents volunteers who hear most criminal cases in England and Wales, raised its concerns in an internal consultation that has been seen and reported by BuzzFeed. The report warns that the plans could “erode judicial decision-making powers and undermine established democratic processes and the fundamental principles of the justice system”.
This latest warning over the government’s justice policies adds to the widespread concern felt across the legal profession which has recently manifested in judges expressing their fury at the state of “broken” courts and the government trying to block a report expressing judges’ fears for people forced to represent themselves in court.
