Criminal Justice Committee 11 June 2025
The requirement for virtual attendance was a clear focus of the committee throughout stage 1. However, it should be acknowledged that forms of virtual attendance have been practiced in our courts for decades. Vulnerable witnesses have routinely given evidence remotely; pre-pandemic, it was possible for an accused person to be sentenced via videolink from prison.
There are a number of benefits to allowing more witnesses to give evidence remotely. It reduces travel time and costs and reduces disruption for witnesses, making our justice system more accessible and responsive to the needs of all its users. Ms McNeill’s amendment 34 would therefore be a step in the wrong direction. A requirement for a court official to be in attendance with any person attending a trial virtually is wholly unworkable in practice and would place an unsustainable burden on court officers, leading to unquantifiable but significant costs.
The use of virtual attendance for police and professional witnesses giving evidence in high court cases is currently the norm. It allows police, and doctors in the national health service, to be removed from their front-line duties for less time. In his submission in January, Malcolm Graham of the Scottish Courts and Tribunals Service confirmed that
“Since January 2022 more than 952 police officers and more than 371 expert witnesses have provided evidence remotely to the High Court of Justiciary.”