Defendants retain right to attend trial

Defendants will keep their right to be present at their criminal trial, rather than possibly being forced to make a video appearance, after an 11th-hour change of heart from Justice Minister Simon Power.

The Courts (Remote Participation) Bill, which allows greater use of video links in courts, passed its third reading in Parliament unanimously yesterday, but not before an amendment was adopted to preserve the right of the accused to be present at trial.

Before the change, a court could have compelled defendants to take part in criminal trials via video link, even if they wanted to be in the courtroom.

But Mr Power accepted an amendment during the committee stage of the bill that means the defendant will have to give consent for a video appearance in a criminal trial hearing evidence.

The amendment was promoted by Labour MP David Parker, who said it ensured the defendant's right to be present at trial and confront the accuser.

"There's a great litany of how the bill could have caused injustice. A juror could be asleep or the judge could roll their eyes or act inappropriately, and the prisoner wouldn't see it.

"The main witness for the prosecution would have been able to perjure themselves and not be eye-balled by the accused, which could change the demeanour of the witness and influence the trial.

"And the judge can't know whether any of those things might happen at the time the application was made to exclude the accused from being present."

Mr Parker applauded Mr Power for adopting the amendment, a move that also drew praise from the Human Rights Commission.

Mr Power said the bill would speed up the justice system for all participants in a court, not just defendants.

"It will mean that a day in court is not contingent on every participant being in the same place, at the same time, regardless of whether that is convenient, efficient, reasonable or safe."

Video links will be widely used in procedural matters and are expected to save $3.2 million over 10 years from reduced costs for transporting prisoners and lawyers, and prisoner preparation.

It is also expected to make a dent in the time taken for a case to proceed through the justice system.

It currently takes 16 months for a case - from charge to the end of trial - to go through a District Court.

The bill is scheduled to be implemented from August, first at the Auckland District Court with a link to the Auckland Central Remand Prison, and then rolled out to Manukau, Hamilton and Christchurch District Courts by next March.

CUTTING COSTS
* Bill allows greater use of video links in courts.

* Amended so an accused can refuse a video link and be present at a criminal trial.

* Rolls out in August to Auckland District Court, then to Manukau, Hamilton and Christchurch by next March.

* Could save $3.2 million over 10 years.