Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the participation by child defendants in virtual proceedings during the covid-19 outbreak, what steps his Department has taken to ensure that the (a) needs of those children, including learning and communication needs, are accurately assessed and (b) provisions necessary to ensure their effective participation are in place.

In deciding whether a live video and audio link is appropriate, and in operating these, we have ensured clear support and guidance are in place. This sets out that courts must have regard to the welfare of the child, must be satisfied that the mode of a hearing is compatible with the defendant’s right to a fair trial, and that the child is able to participate effectively. This is set out in criminal procedure rules and criminal practice directions. Effective use of virtual proceedings is also covered in ‘Good Practice for Remote Hearings’ guidance issued by the Judicial College, in the Equal Treatment Bench Book, as well as guidance by HM Court and Tribunal Service (HMCTS). The ways in which video technology is used in criminal proceedings are also kept under regular review by HMCTS.