Analysis of Video Conferencing (Part 3)
47B Appearances or submissions by video link, audio link or other appropriate means
(1) The Court or a Judge may, for the purposes of any proceeding, direct or allow a person:
(a) to appear before the Court or the Judge; or
(b) to make a submission to the Court or the Judge;
by way of video link, audio link or other appropriate means.
Note: See also section 47C.
(2) The power conferred on the Court or a Judge by subsection (1) may be exercised:
(a) on the application of a party to the proceedings; or
(b) on the Court’s or Judge’s own initiative.
(3) This section applies whether the person appearing or making the submission is in or outside Australia, but does not apply if the person appearing or making the submission is in New Zealand.
Canada
– Check the current status
As per the order issued by the chief justice of Ontario; notwithstanding provisions in the Rules of Civil Procedure and the Family Law Rules, it is not necessary to obtain consent, or a court order, for a hearing to proceed by virtual means.
Guidelines
The Superior Court of Justice in Ontario has issued guidelines for ‘Guidelines on Access to Hearings During the COVID-19 Pandemic’
The Advocates Society Paperless Trials Manual, the Manual’s focus is on ways of making trials paperless, other aspects of fully electronic trials (e.g. use of real time transcription; witness testimony via videoconference) are beyond the Manual’s scope but should be investigated by interested parties.
United Kingdom
England and Wales https://rm.coe.int/ceeli-institute-the-use-of-video-conferencing-in-courts-by-mr-stephen-/16809f2785
The legal basis for video conferencing in courts in England and Wales Policing and Crime Act 2017, section 74 (regarding live links) Coronavirus Act 2020, sections 53 – 57; Schedules 25, 26, 27 Makes a range of modifications to courts and tribunal practice to permit and facilitate remote working in circumstances that would usually require physical attendance. Sections 53 to 56 make provision specifically in relation to the operation of courts and tribunals. Sections 53 – 56 provide for an expansion of the use of live links in criminal proceedings and, in relation to civil proceedings, for public participation in proceedings conducted remotely by video or audio. Schedule 25 provides detailed amendments to the Courts Act 2003 to enable the public to see and hear proceedings conducted wholly as audio or video proceedings and to regulate the recording of those proceedings. Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, S.I. No. 350.
Participation by persons outside the United Kingdom
5 (1) A direction under paragraph 2 may be given in respect of a person whether the person is in the United Kingdom or elsewhere.
(2) A statement made on oath by a person outside the United Kingdom and given in evidence through a live link in accordance with a direction under paragraph 2 is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made in the proceedings in which it is given in evidence.
CIVIL JUSTICE IN ENGLAND and WALES PROTOCOL REGARDING REMOTE HEARINGS
Case Law
Blackfriars Ltd, Re [2020] EWHC 845 (Ch)
High Courts allowing trial via video conferencing in India
High Courts not yet Acquainted with the process of video conferencing as on 16-06-2021
| S no. | State |
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Bombay |
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Calcutta |
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Jammu & Kashmir |
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Punjab & Haryana |
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Karnataka |
Conclusion
In the present day and age where there is in fact an inevitable dependence on technology, there is a need for development of laws in a way so as to enable a more fluent transition to online mode. Recording of evidence through video conferencing, with proper law and procedure in place, will make the process more time and cost efficient. Further, it’ll become easier to record expert evidence. Supreme Court and various High Courts have repeatedly availed the aid of technology whenever the need and its possibility have coincided, hence a clear and elaborate rules and procedure for such processes is the need of the hour.
Written by – Prakhar Suryavanshi
Edited By – Aaditya Bhatt Advocate, Chandni Joshi Advocate
