Modernising the courts means more accessible justice for all (part 1)
Guest blog: Al Murray, Managing Director and Client Partner, Justice, Central Government and Transport, Capita as part of our #DigitalJustice2021 week
In the first of two articles, Al Murray, Managing Director and Client Partner for Justice, Central Government and Transport at Capita, reflects that although the English justice system has come a long way over the past year in its adoption of technology, there’s still a lot of work to be done.
In January 2021, I was privileged to be a speaker and panellist at a very insightful seminar organised by the Westminster Legal Policy Forum, discussing the future of court modernisation.
In March 2020, within days of the nation going into lockdown, the Court of Protection in England conducted the UK’s first “trial by Skype”.
Along with the rest of the country, the UK courts have faced a slew of unprecedented demands and extreme restrictions. For a justice system that’s traditionally conducted within a designated courtroom, and in person, following stark regulations such as ‘stay at home’ and social distancing recommendations was fraught with difficulty.
Courts stepped up to the challenge, investing in remote and digital technologies that would enable proceedings to be conducted safely and within the law. According to data issued by Her Majesty’s Courts & Tribunals Service (HMCTS), by 24th April 2020, 90% of court and tribunal hearings involved audio and video technology.
Not quite a year later, and after several varieties of lockdown, audio visual and remote communications technologies have been assimilated into courtrooms’ fabric and practice.
We’re very aware of the ease with which the courts adapted to technology masks the hard work and sleepless nights that were endured by dedicated professionals committed to doing everything necessary to ensure that legal proceedings took place, and that justice continued to be dispensed.
The speed at which the technology-enabled, often virtual courtroom has become a mainstay of the solidly traditional justice system is remarkable, particularly when compared to the situation highlighted in a House of Commons Committee of Public Accounts report published in November 2019. In the report, the committee called out HMCTS for “again” falling behind on critical reforms needed to “change the way people access justice” by using digital technology to modernise the system.
At the time, HMCTS was three years into a £1.2bn programme, which had already been extended from three years to seven. According to the Committee of Public Accounts, HMCTS was “struggling to deliver all it promised” and risked “undermining trust in the reforms and, ultimately, “the fairness of the justice system”.
And while technology is now a mainstay, few, if any, courts are any further along a strategic digital transformation process than they were in November 2019. As Dr Kameel Khan, Law Professor and Sitting Judge at the UK Ministry of Justice, pointed out to me during a discussion in June 2020, the UK courts system is “in the midst of the largest unscheduled pilot scheme in justice”.
Robert Shooter, Head of Technology at law firm Fieldfisher, is hopeful about the change necessary for lawyers to use technology, saying that “our clients are squeezing margins, demanding faster turnround times and greater use of innovation. If law firms don’t change culturally, our clients will go elsewhere”.
As impressive as the response was to the burning platform of Covid-19, we must ask: was this just a sticking plaster for the more systemic challenges that still require addressing if the justice system is to become more digitally enabled?
While the speed with which courts have adapted to technology is unlikely to be discussed on the inevitable Channel 5 countdown of the weirdest events of 2020, it’s high on my list of ‘never saw it coming’ moments. And I’m not alone in this. Professor Richard Susskind, technology adviser to the Lord Chief Justice of England and Wales, commented: “I used to think that High Court cultural barriers meant it would take a decade for courts to embrace technology fully. Then the virus came, courts closed, and it took only a fortnight.”
It’s on this last point that I find myself disagreeing. Courts are undoubtedly using more technology than ever before, but it’s still limited to specific tasks. There’s no evidence that they have “fully” embraced it.
The big questions still remain, principally how can we progress digital transformation to ensure access to all and protection for the vulnerable, that we have the data we need to make good decisions, and that we use Artificial Intelligence fairly? Do we have the right security and skills in place to support a fully digital courts system?
In part two of this blog post, I’ll talk you through the key factors that need to be addressed in planning a digital justice system that serves all citizens and is truly transformed.
Georgie joined techUK as the Justice and Emergency Services (JES) Programme Manager in March 2020, then becoming Head of Programme in January 2022.
Georgie leads techUK's engagement and activity across our blue light and criminal justice services, engaging with industry and stakeholders to unlock innovation, problem solve, future gaze and highlight the vital role technology plays in the delivery of critical public safety and justice services. The JES programme represents suppliers by creating a voice for those who are selling or looking to break into and navigate the blue light and criminal justice markets.
Prior to joining techUK, Georgie spent 4 and a half years managing a Business Crime Reduction Partnership (BCRP) in Westminster. She worked closely with the Metropolitan Police and London borough councils to prevent and reduce the impact of crime on the business community. Her work ranged from the impact of low-level street crime and anti-social behaviour on the borough, to critical incidents and violent crime.
Programme Manager, Health and Social Care & Justice and Emergency Services, techUK
Robert Walker
Programme Manager, Health and Social Care & Justice and Emergency Services, techUK
Robert joined techUK in October 2022, where he is now Programme Manager for Health and Social Care & Justice and Emergency Services.
Robert previously worked at the Pension Protection Fund, within the policy and public affairs team. Prior to this, he worked at the Scottish Parliament, advising politicians and industry stakeholders on a wide range of issues, including rural crime and health policies.
Robert has a degree in Politics and International Relations (MA Hons) from the University of Aberdeen, with a particular focus on strategic studies and energy security. Outside of work he enjoys activities such as running, rugby, boxing and cooking!
Cinzia joined techUK in August 2023 as the Justice and Emergency Services (JES) Programme Manager.
The JES programme represents suppliers, championing their interests in the blue light and criminal justice markets, whether they are established entities or newcomers seeking to establish their presence.
Prior to join techUK, Cinzia held positions within the third and public sectors, managing international and multi-disciplinary projects and funding initiatives. Cinzia has a double MA degree in European Studies from the University of Göttingen (Germany) and the University of Udine (Italy), with a focus on politics and international relations.
Georgina is techUK’s Associate Director for Local Public Services
Georgina works with suppliers that are active or looking to break into the market as well as with local public services to create the conditions for meaningful transformation. techUK regularly bring together local public services and supplier community to horizon scan and explore how the technologies of today and tomorrow can help solve some of the most pressing problems our communities face and improve outcomes for our people and places.
Prior to techUK, Georgina worked for a public policy events company where she managed the policy briefing division and was responsible for generating new ideas for events that would add value to the public sector. Georgina worked across a number of portfolios from education, criminal justice, and health but had a particular interest in public sector transformation and technology. Georgina also led on developing relationships across central and local government.
If you’d like to learn more about techUK, or want to get involved, get in touch.
Raya Tsolova is the Programme Manager for National Security at techUK.
Raya is responsible for all National Security related activities across techUK, specifically in the established programmes of Defence, Cyber Security and Justice & Emergency Services. Raya will leverage relationships with existing stakeholders across the three programmes, and will build new relationships between techUK and key stakeholders who are of interest to member companies.
Prior to joining techUK, Raya worked in Business Development for an expert network firm within the institutional investment space. Before this Raya spent a year in industry working for a tech start-up in London as part of their Growth team which included the formation and development of a 'Let's Talk Tech' podcast and involvement in London Tech Week.
Raya has a degree in Politics and International Relations (Bsc Hons) from the University of Bath where she focused primarily on national security and counter-terrorism policies, centreing research on female-led terrorism and specific approaches to justice there.
Outside of work, Raya's interests include baking, spin classes and true-crime Netflix shows!