Taking a line, online

A number of years ago the Scottish Court Service undertook a project to review the operation of cases in court and to see what scope there might be to improve the efficiency and effectiveness of proceedings with the provision of technology.

It was agreed that participation and consultation should be as wide as possible, involving users of both civil and criminal courts. The Crown Office and Procurator Fiscal Service was invited as a principal contributor because of the volume of material they bring before the courts. Advice and comment were also obtained from the judiciary, Faculty of Advocates, bar associations, Law Society of Scotland, police, and court staff.

The project looked at three principal areas:

• electronic presentation of evidence;
• video conferencing;
• digital recording.

It was concluded that all three aspects could benefit from an improvement in the current situation. The need for electronic presentation of evidence was the most pressing and action was taken on this immediately. The project was completed in summer 2003. In this article we describe the current position of each of the electronic presentation of evidence facilities in court.

A permanent solution

Historically it has been the responsibility of the party presenting evidence to provide the wherewithal to present this to the courts. However, increasingly evidence was appearing on electronic media in the form of video recording, audio recordings and computer files. Even the common paper document these days invariably starts its existence as an electronic image of which the paper version is just a physical copy.

Increasingly, the courts were becoming cluttered with temporary installations of mixtures of electronic devices, often with lengths of cable trailing over floors. Their temporary nature often led to equipment failures or operational difficulties and consequent disruption to cases. Equipment needed to be installed more permanently to provide an effective and reliable facility. The Scottish Court Service (SCS) is responsible for the physical court, fixtures and fittings, such as chairs, tables, heating and light. It became obvious that although not previously responsible for doing so, the courts would need to take a proactive stance and provide common facilities for parties to use in court.

Because the technologies are changing constantly, it was decided that a flexible, base facility would be provided. This would allow easy upgrade to newer technologies as they arrived, and also provide the facility for parties to bring along specialist equipment if required and “plug it in” to the base facility.

Equipment

The solution was a flexible and (somewhat) mobile audio/visual unit. It looks rather like a domestic stacking stereo system and is designed on the same principles. A detailed description and pictures of the unit can be found on the Scottish Courts website at http://www.scotcourts.gov.uk/resources/ courtroomtech/tech.htm . In brief it consists of:

• Video – VCR – SVHS and MiniDV tape formats
• Audio – cassette
• PC – SVGA video input (to allow connection of a laptop)
• Audio amplifier and speakers
• Visualiser/document camera(not available on all units)
• Range of video output options – screens, projectors, plasma screens
• Free slots for optional input devices such as specialist CCTV tape players, DVD units, etc using a range of connectors including – SCART, BNC, RCA-phono/composite video.

The system can vary slightly from court to court: for example not all units have a document camera.

Output from these units can be displayed on a range of video monitors. As standard a large 25 inch monitor is placed on the top of the unit. Extension sockets on the back of the unit allow other screens to be attached. In the larger courts and High Court circuit courts we are progressively installing “technology courts” which include a range of monitors fixed on the bench, the well of the court, in front of the witness, the jury and the accused as well as large screens visible to the public gallery.

Location

SCS have procured about 70 of these units and have placed at least one in every sheriff court and High Court venue in Scotland. These have been in place since mid-2003. A full list of locations and the facilities at each site is maintained on the Scottish Courts website above.

Currently the main users of the system are the criminal courts and this is generally where the unit has been placed. However there is no reason why the units cannot be used for a civil action. The technology courts are of course fixed, but the stand-alone units are on castors and, depending on the layout of the courthouse, may be moved from court to court if this can be agreed with the local sheriff clerk.

Requesting facilities

The website mentioned above has a form which can be used to request the use of one of these systems. It should be completed and forwarded to the court. The key to obtaining usage of these systems is consultation and co-operation with the clerks. A last-minute request for facilities may mean that an action which could have been transferred to a court with the facilities can no longer be accommodated due to short notice. The demand for these units for civil actions is currently very low. This may be a chicken and egg situation: equipment is not present in civil courtrooms, so it is assumed it is not available. However if we are made aware that there is a demand and this cannot be met due to conflicting demands for the facilities elsewhere, we will look at increasing the units available.

Charges

Currently the courts do not make any charges for use of equipment which is already in place. Additional costs incurred by the courts for special provisions or requests may be passed on to the party who has made that request.

Operating the system

Court staff have had training in the operation of these systems and will as far as possible advise and assist. They also have a technical support team within the courts to call on for advice. However for the actual operation of the equipment, it is expected that the party will take the lead role and accept responsibility for the correct operation. To ensure that the facilities are available and usable the following steps should be taken:

• Contact the local court and arrange for the case to be called in a suitably equipped court.
• Confirm that the format of the media is acceptable.
• Go to the court before the case and test the usage (in agreement with the local clerk).
• The court officer will assist with loading and starting media but not “complex” manipulations such as fast forwarding and freezing at relevant sections.
• Consult with other parties.

Unsupported media

There may be cause to play media which are not currently supported on the standard unit, e.g. old media such as reel-to-reel tapes, betamax tapes etc, or newer media such as DVD. The standard system has spare ports which will accept any audiovisual equipment which has standard SCART, RCA or co-axial connectors. Parties can bring their own player unit to court, connect to one of these input connectors and have the evidence played on the court screens. It is highly recommended that a test run is undertaken in advance if this form of operation is to be attempted.

Because of the wide range of formats possible, the courts do not currently provide a facility to play DVD (digital video/versatile disks) as standard. Discussions are underway with justice partners to try and agree standards for video evidence media, and once resolved SCS will move to meet this standard. In the meantime parties should arrange to bring their own player or laptop with video player software.

Computer output

As described above, the unit can accept the output from a standard PC laptop via an SVGA monitor cable. The courts DO NOT provide a PC to perform this operation. Due the potential number of types and versions of software which may be required and the problems of licensing, security, viruses etc, it has been decided that the parties must be responsible for the provision and operation of laptops.

Original electronic documents, scanned documents, digital photographs, diagrams and even Powerpoint style presentations have all been shown in courts by this method. It should however be noted that the image of the PC is “scanned” and presented as a video image on screen in a manner similar to that of a data projector. There is a slight degradation of the image which becomes noticeable when a full page of text is displayed on screen at one time. For presentation to a court, only a partial view of an A4 page is recommended. This allows the text to be large enough to overcome minor image distortion. If in doubt, it is recommended that a test is undertaken in advance with the assistance of the local court clerk.

Still in the dark

The courts have undertaken considerable investment in the provision of technology in recent years. We always welcome comment and suggestions from court users on how effective such provision has been and how we might improve facilities. It is a constant surprise to us, that despite issuing information through a number of sources, we still find a general lack of knowledge of what the courts can and do provide in the way of technological support.

If you would like more information on any of these matters or on the provision of technologies in court, please contact us via the email address enquiries@scotcourts.gov.uk or write to me: David Morris, Information Services Manager, Scottish Court Service, Hayweight House, 23 Lauriston Street, Edinburgh EH3 9DQ.