e-justice: relating practical guidelines in videoconferencing with the concerns of academic literature

Abstract

Videoconferencing was widely used in court proceedings during the covid 19 pandemic, and, probably, its use will not return to the point before the pandemic. The academic literature indicates many different concerns with videoconferencing in court proceedings that may ultimately impact the legitimacy of the judicial process. This study aims to appreciate if academic research has been incorporated into the practical recommendations which guide daily work in courts. First, we conducted a literature review to identify and organise the concerns about using videoconferencing in court proceedings. Then we selected two guidelines and evaluated whether their recommendations addressed solutions to concerns raised in the academic literature. We conclude that most of the concerns are present in the guidelines. Although, the concern regarding the difficulty of replicating the environment of the physical courtroom in videoconferencing, which is the most cited concern, is not addressed in the practical guidance.