Audio Visual Links
Audio Visual Links (AVL) uses audiovisual conferencing technology to allow people to participate remotely in a court proceeding.
Due to the recent enactment of legislation, AVL is now available for a wider range of hearings, and will be standard for administrative appearances, where facilities are available. While the Act enables wider use of AVL in court proceedings, the full extent of the opportunities to do so is dependent on the availability and suitability of technology. There are currently over 40 courtrooms and hearing rooms that have existing AVL facilities or can support leased AVL units. These units have primarily been used for civil matters and for witnesses giving evidence remotely.
AVL has the potential to generate time and cost efficiencies for many court participants, including lawyers, expert witnesses and interpreters, by reducing their need to be physically present in court. Subject to facilities being available, participants will be able to use AVL, for example, for appearing before the court, giving evidence, providing interpretation services and observing court proceedings.
AVL for Remand Prisoner appearances
Initial testing of AVL for the appearance of defendants in custody begins on 23 August 2010 between Auckland District Court and Mt Eden Auckland Central Remand Prison, for more information click here.
Budget 2010 included operational funding for the Ministry of Justice and the Department of Corrections for installations supporting procedural remand prisoner appearances. From next year we will be implementing AVL in up to 3 more District Courts and corresponding Prisons.
Legislation
The Courts (Remote Participation) Act 2010 enables any person appearing at court to appear by AVL, where certain criteria are met.
Parties can apply (orally or in writing) for AVL to be used or a judicial officer or Registrar can consider the use of AVL on their own motion. There are three types of proceedings where AVL can be used:
- criminal procedural matters (where no evidence will be presented):
judicial officers are required to consider using AVL where the technology is available, taking into account certain criteria (contained in sections 5 and 6 of the Act). - criminal substantive matters (where evidence will be presented):
AVL cannot be used unless the judicial officer decides to allow its use. The judicial officer must take into account the criteria in sections 5 and 6 of the Act, and whether the parties consent to its use. However, the Act specifically requires a defendant’s consent before AVL can be used if the appearance is for a trial which determines their guilt or innocence. - civil matters:
AVL can be used where the judicial officer considers that the criteria would be satisfied.
How to apply
Parties can apply (orally or in writing) for AVL to be used, or a judicial officer or Registrar can consider the use of AVL on their own motion. If you are a party and would like to apply in writing please use the AVL application form. Completed forms should be sent to the court; contact details can be accessed below:
