Audio visual links from prison: prisoners’ experiences of video technologies for accessing justice

Abstract

Technological linkages between justice and law enforcement agencies are radically altering criminal process and access to justice for prisoners. Audio visual links, integral to an increasingly networked justice system, enable the custodial appearance of prisoners in remote courts. For many criminal proceedings, the state of New South Wales (NSW) in Australia has reversed the traditional presumption of a prisoner’s physical presence in court, to a presumption in favour of appearance by audio visual link (AVL). AVL is thus becoming the hegemonic form of court appearance for prisoners. In this thesis, I argue that the incorporation of such technologies into prisons is not without consequence: technologies make a critical difference to prisoners’ experiences of criminal justice. My thesis examines: how does custodial appearance by AVL from prison impact prisoners’ legal experiences? To answer this, I engage with the population most affected by AVL – the prisoners themselves – and focus on the prison endpoint of the video link. The nucleus of my study is empirical fieldwork undertaken with thirty-one prisoners regarding their experiences of custodial appearance. Drawing upon these accounts, and through a Foucauldian/phenomenological framework, I interrogate the legal and conceptual shifts brought about by AVL’s displacement of physical appearance. Prisoners identified benefits of AVL particularly in avoiding prison trucks and strip-searches. Nevertheless, many prisoners still expressed a desire to present themselves to court in-person as a human rather than as a generic prisoner on a screen. The central argument of this thesis is that custodial appearance has created a heightened zone of demarcation between prisoners and courtroom participants. This demarcation is explored through the transformed spatial, corporeal and visual relationships. The cumulative demarcations challenge procedural fairness and profoundly recompose prisoners’ legal experiences.