Silence in the court

a.giblett • April 24, 2020

Judges muting parties during video hearings to maintain order


During the current situation with Covid-19 and as a result of new legislation now in effect, the courts have been forced to adapt to a modern way of working. As some judges have swapped their court bench for their court yard when working remotely from home.   

Unsurprisingly, working remotely has in itself brought new technological challenges. For example, how can judges maintain order during proceedings when key parties misbehave several miles away at their own home?

Additional guidance published last week by the lord chief justice Lord Burnett of Maldon, master of the rolls Sir Terence Etherton and Sir Andrew McFarlane, president of the family division, explores the options available to assist judges when they conduct proceedings online. 

In particular, the guidance states that IT specialists will explore whether there is a facility for people who misbehave to be muted by the presiding judge. If approved, I'm sure judges will be asking themselves, "Why couldn't I work remotely before?". 

It is still unknown whether judges will have the ability to mute misbehaving parties during proceedings and whether it will be accepted by the public and professionals. Of course, we will keep you up to date when further information is known. However, it will be interesting to see whether the public will approve this somewhat radical idea or whether a mute-iny will arise (sorry!!).

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