Lawyers at A&L Goodbody say changes to the judicial system proposed in a new bill, while necessitated by COVID-19 restrictions, would be welcomed in any event.

In a briefing note on the Civil Law and Criminal Law (Miscellaneous Provisions) Bill 2020, Liam Kennedy, Dr Stephen King and Eimear Digney say it recognises recent innovations adopted by the judiciary and the Courts Service, such as facilitating remote judicial hearings and providing for electronic issuing and filing of court documents.

Changes required

It also contains a proposal to replace what the A&L Goodbody lawyers call “antiquated” processes for swearing affidavits.

They say the changes are required to ensure that the judicial system continues to evolve to reflect technological, societal, and economic developments and requirements.

Remote hearings

The lawyers say the bill formally acknowledges the jurisdiction to hold remote court hearings, virtually eliminating any risk of challenge to such innovations by the courts.

“Most importantly, the bill would confirm beyond doubt that such hearings would be on the same footing as proceedings in a physical courtroom,” they say.

The lawyers say that it would have been difficult to challenge remote hearings in the superior courts, as those courts have an inherent jurisdiction to regulate cases before them.

Objections

But they add that the proposed legislation also undermines an argument which could have been advanced with greater force in other courts such as the District and Circuit Courts, where legislation did not provide for remote hearings as the technology did not exist at the time.

“Accordingly, it could be argued that there was no jurisdiction for remote hearings in such courts. The bill will answer such objections by providing that remote hearings in the District and Circuit Courts are deemed to take place in the court where they would otherwise have occurred, and the judges may exercise their usual powers,” the A&L Goodbody lawyers say.