Defendants' experiences: Video hearings from prison(s) to court(s)

Abstract

AbstractThe focus of this article is the experiences that defendants – both represented and unrepresented – have when appearing via video link(s) from prison(s) to court(s), in England and Wales. This exploration is based on second‐hand accounts. In this study, 20 interviews were conducted with a range of court actors, and 403 court hearings at two magistrates' courts were observed. The findings demonstrate that while video hearings were initially introduced to promote managerialism values (i.e., increase efficiency and reduce costs), due process rights have in some instances been undermined. It will be argued that although appearing via video has advantages for defendants and can enhance their ability to effectively participate in the process, challenges also arise in relation to this. This is due to managerialism values generally being prioritised over participation concerns.