Technology in the courtroom: challenges with presenting children’s evidence

ABSTRACT

Legislation permits or requires the use of audio-visual recordings and closed-circuit television where child witnesses give evidence in certain matters. Since its introduction, problems with the technology have been reported, such as poor audio-visual quality and connectivity issues, causing trial delays and exacerbating witness anxiety. This study analyses the perceptions of 18 professionals (n = 18) across 5 Australian jurisdictions (Queensland, the Northern Territory, the Australian Capital Territory, South Australia and Western Australia) who regularly work with the technology. We used non-directive prompts to determine what problems (if any) still exist in Australian courtrooms, the cause and impact of these problems, and potential solutions. Key themes emerged in the analysis. Problems were still commonplace, which included operator error, quality of the recordings, and issues with the recording technology and devices. The detrimental impacts of these problems included added stress to court employees and witnesses, extended and disrupted trial proceedings, poor quality evidence, and added costs of fixing problems. Tangible recommendations for change were provided by the participants, and the overall findings and their implications were discussed.

KEYWORDS:

• Audio-visual
• children; courtroom technology
• evidence
• pre-recording; vulnerable witness

Acknowledgements

The authors acknowledge the support of the professionals who volunteered to participate in this project, and to Dr. Becky Earhart for conducting several of the interviews.

Disclosure statement

No potential conflict of interest was reported by the author(s).