Over recent years, the legal profession has undergone significant changes due to both technological advancements and practical necessities. One of the most prominent changes for legal professionals, including Legal Secretaries, has been the transition to remote hearings. The HM Courts and Tribunals Service (HMCTS) has introduced a new video hearings service that has become a crucial part of the justice system in the wake of court closures and funding reallocations. Understanding how this shift impacts the court process, your role, and the broader court system is essential.
The Push Towards Remote Hearings
The COVID-19 pandemic was the primary catalyst that forced many industries to embrace remote working, and the legal sector was no exception. However, the trend toward digitalisation and video hearings had already begun before 2020. HMCTS, recognising the need for a modern and efficient court system, initiated a series of reforms under its Reform Programme, with technology at the forefront.
These reforms aimed to improve accessibility, streamline processes, and reduce the backlog of cases, some of which stemmed from ageing infrastructure and underfunding. As a result, the video hearings service has been developed and refined to allow parties to attend hearings remotely, ensuring that the judicial system remains functional, even when physical courtrooms are unavailable.
The Role of Court Closures
Court closures have been a controversial yet integral part of the drive to modernise the court system. In recent years, several courts across England and Wales have been closed due to budget constraints and underutilisation. Critics argue that closures reduce access to justice, particularly in rural areas, but HMCTS has justified these closures by reallocating resources toward digital infrastructure and modernisation efforts.
Funds from these closures have been partially redirected to support the implementation of new technologies, such as the video hearings service. While the closure of physical court buildings has undoubtedly caused concern in some quarters, this funding has allowed the HMCTS to prioritise investment in digital solutions. This means that, although some local courts are no longer available, remote hearings ensure that justice is still accessible across a broader geographic area.
How the Video Hearings Service Works
The video hearings service is a secure, digital platform that allows all parties—judges, legal representatives, defendants, claimants, and witnesses—to participate in hearings remotely. This service is particularly useful for civil, family, and tribunal cases, although it is increasingly being used in criminal proceedings as well.
As a Legal Secretary, you might have to engage with this new system in several ways:
Scheduling and Notifications: One of your key responsibilities might involve ensuring that clients and legal teams are informed about the arrangements for remote hearings. This includes scheduling appointments, ensuring that all necessary documents are submitted in digital format, and making sure parties have access to the video platform.
Technical Assistance: While you don’t need to be an IT expert, a basic understanding of the system will be crucial. You may be required to troubleshoot minor issues and assist with setting up video calls for remote hearings.
Document Management: The shift to remote hearings means more reliance on electronic document submissions. Legal Secretaries will need to be meticulous in managing digital files, ensuring all necessary documentation is filed online via the court’s e-filing systems and is available for reference during the hearing.
Liaising with Court Officials: Communication with court clerks and other officials may become more digitalised. Rather than in-person or telephone conversations, much of the communication may occur via email or through the court’s online portals, requiring strong organisational skills.
Benefits of the Video Hearings Service
While the shift to remote hearings represents a significant change, it also offers several advantages that Legal Secretaries and the wider legal profession can benefit from:
- Flexibility: Remote hearings eliminate the need for physical travel to a courthouse, saving time and reducing costs. This is especially beneficial for firms and clients based far from major court centres.
- Improved Efficiency: Remote hearings have the potential to speed up the court process by reducing delays associated with physical hearings. Legal Secretaries can play a vital role in ensuring that all documentation is prepared ahead of time, allowing hearings to proceed smoothly.
- Continued Access to Justice: During times of national crises like the COVID-19 pandemic, the video hearings service ensures that legal proceedings can continue without interruption. This provides stability and reassurance for clients and legal professionals alike.
Challenges and Considerations
Despite its benefits, the transition to remote hearings comes with challenges. For some, particularly those unfamiliar with the technology, it can be daunting to adapt to new systems. There are also concerns about digital exclusion—where clients or legal representatives without access to reliable internet or devices may struggle to participate.
Legal Secretaries will need to be proactive in managing these challenges by ensuring that clients are well-prepared for their remote hearings, addressing any issues with access or understanding ahead of time.
Moreover, there may still be cases where in-person attendance is essential, particularly in sensitive criminal or family law matters. The balance between remote and physical hearings will require careful management.
The Future of Court Services
The HMCTS has made it clear that remote hearings are not a temporary solution but rather a core part of the future of the UK’s judicial system. As the infrastructure for video hearings becomes more sophisticated, it is expected that more cases will be handled remotely, especially for non-complex matters where physical presence is not strictly required.
For Legal Secretaries, this means adapting to an increasingly digitalised environment. While this transition may require upskilling and adjustments to traditional workflows, it also presents opportunities to streamline processes and improve service delivery within legal practices.
