Remote court hearings should not be default: Faculty

Remote court hearings are a useful addition, but should not become the default position in Scotland, a survey of members of the Faculty of Advocates has found.

While four in five advocates agree that remote hearings have their place, 56% felt they should not be the default for procedural work, and 75% that they should not be the default for submissions – with almost 90% holding the view that remote hearings should not be the default for taking evidence. 

Further, 68% expressed the view that remote hearings should only be used with the consent of all parties (and the court) – perhaps because a similar number (67.5%) consider that it is harder to present an argument remotely than is the case for hearings held in person. 

Where they do take place, 70% of advocates also expressed a preference for video hearings over those conducted by telephone. 

Faculty tweeted that with Scottish Courts & Tribunals Service now considering the future, "Faculty hopes these insights assist and welcomes the discussion to follow".