STEERING COMMITTEE ON JUSTICE EFFICIENCIES AND ACCESS TO THE JUSTICE SYSTEM ________

This report of the Sub-Committee on the Open Court Principle outlines key needs identified in balancing open courts with the rights of victims of crime and vulnerable witnesses in virtual courts in particular, and makes recommendations to the Steering Committee on Justice Efficiencies and Access to the Justice System to address those needs. [...] In appropriate circumstances, and with the right safeguards in place, virtual access to hearings and virtual testimony can both promote access to justice and open courts and protect the safety and wellbeing of victims and vulnerable witnesses, thus fostering their meaningful participation and leading to fairer outcomes. [...] As a first tranche of study, the Efficiencies Committee mandated the Sub-Committee: o In the context of the open court principle, to identify existing or emerging challenges and benefits relating to the privacy and security rights of victims of crime and vulnerable witnesses who testify in criminal proceedings virtually (virtual testimony), or with members of the public as virtual observers (virtu. [...] Clear and consistent parameters of virtual access for public observers If virtual access is to be provided to public observers in hearings involving testimony by a victim or vulnerable witness, clear and consistent criteria and parameters are needed to ensure access does not interfere with the integrity of the process or the ability of a witness to testify, and does not jeopardize the privacy an. [...] To address this problem, there is a need to improve the technological landscape in the courts, review the applicable legal and policy framework, and collect and analyze data on the use and impacts of virtual testimony for adult victims and vulnerable witnesses.