NEW GUIDANCE: PREPARING LEGAL PROFESSIONALS FOR DIGITALISED CRIMINAL PROCEEDINGS During and after the COVID-19 pandemic, the use of remote hearings in criminal proceedings increased significantly. A remote hearing in a trial is when a person participates in the procedure in real time via video link, rather than being physically present in the courtroom. This can include hearings where individuals join from different locations or from different rooms within the same building. In these recommendations, the term ‘remote hearing’ is used throughout. Another aspect of digitalisation is the use of audio-visually recorded pretrial interviews as evidence in court, which have been argued to benefit vulnerable victims and to be more reliable than written reports. To date, there is little research-based knowledge from Europe on the effects of remote hearings. While some studies examine differences in credibility assessments between in-person and remote hearings, there is little empirical research on how remote hearings affect communication and interactional dynamics between professional (judges, prosecutors, lawyers) and non-professional participants (defendants and complainants/witnesses/ victims). Digitalisation may influence not only how fair, respectful and legitimate parties find the proceedings to be, but also the extent to which the process actually meets the normative standards of fair trial and due process, regardless of the final outcome of the case. This new guidance offers practice-oriented recommendations grounded in legal standards, while also covering interactional aspects of criminal proceedings involving child and adult witnesses, victims, and defendants. The relevance, applicability and feasibility of these recommendations depend on the national (legal) context, the type and seriousness of the case or hearing, the procedural stage and the specific individual characteristics of the remote participant. The recommendations have been prepared as part of the project “Enhancing VideoRecorded Interviews and Virtual Hearings in Europe’ (E-ViVi). This project is co-funded by the European Union. The views and opinions expressed are, however, those of the authors only and do not necessarily reflect those of the European Union or the JUST programme. Neither the European Union nor the granting authority can be held responsible for them.
European best practice recommendations for remote hearings in criminal court proceedings with adult parties
Available in English, Finnish, Swedish and Dutch. bit.ly/4vlQNnw
The publication draws on experiences from justice professionals and NGOs in Finland, Sweden and the Netherlands, identifying both the opportunities and challenges of digitalised court proceedings and offering practical guidance for their implementation.
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Background paper on the use of remote hearings and recorded pretrial interviews as evidence in court The publication reviews legal and empirical research from Finland, Sweden, the Netherlands and other relevant jurisdictions on the use of remote hearings and audiovisual recorded interviews in criminal proceedings.
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Remote court hearings with children: Key findings from the Barnahus Network This report provides an overview of current European practices concerning remote hearings and prerecorded interviews with children. Drawing on insights from Barnahus professionals across 17 countries, it highlights differences in national practices, procedural safeguards and children’s experiences. The report offers practical insights for improving policy and practice for child victims, witnesses and children suspected or accused of an offence.
Norms and provisions for audiovisual recording of interviews and remote hearings with children in criminal proceedings This paper examines international and regional norms concerning audio-visual recorded interviews and remote hearings involving children as victims, witnesses, suspects or defendants. It identifies bit.ly/4xUFLaC existing safeguards, gaps and areas for improvement, while considering both the benefits and potential risks of using technology in criminal proceedings involving children.
Guidance for lawyers on audio-visual recording of interviews and remote hearings with children suspected or accused of criminal offences This guidance supports lawyers representing children suspected or accused of criminal offences in proceedings involving audio-visual recorded interviews or remote hearings. It outlines key legal and practical safeguards and offers guidance for protecting children’s rights, well-being, procedural fairness and effective participation before, during and after these procedures.
Ground rules for remote court hearings of children This publication provides practical recommendations for professionals planning, authorising, conducting or supporting remote hearings involving children. It outlines safeguards bit.ly/46qPcm concerning individual assessment, participation and support, h communication, questioning, technology and risk management, keeping the child’s rights and best interests at the centre.
Guidance for lawyers on audio-visual recording of interviews and remote hearings with child victims and witnesses in criminal proceedings This short practical handbook supports lawyers representing child victims and witnesses in proceedings involving audiovisual recorded interviews or remote hearings. It explains the benefits and potential risks of these procedures and provides guidance on safeguarding children’s rights, well-being and effective participation throughout criminal proceedings.
Protocol for interviewing children who are suspected or accused of a criminal offence This protocol provides practical support for professionals preparing and conducting investigative interviews with children suspected bit.ly/46qPcmh or accused of a criminal offence. Grounded in children’s rights and research on investigative interviewing, it offers step-by-step guidance for conducting childsensitive, fair and reliable interviews adapted to the child’s individual needs and the relevant national context.
ONLINE TRAINING RESOURCE
The E-ViVi online resource brings together practical publications, guidance and tools on video-recorded interviews and remote hearings in criminal proceedings. The materials are complemented by video lectures from the publications’ authors and other leading European experts, offering practical insights into child-friendly justice, procedural safeguards and effective professional practice.
heuni.education/e-vivi