Digital criminal courts: The place or space of (post-)pandemic justice

Abstract

The COVID-19 pandemic forced criminal courts to suspend jury trials, adjourn hearings and 'pivot' to remote procedures. Integral to this sudden change has been an array of digital communication technologies: audio and audio-visual links as well as third-party proprietary platforms. COVID-19 outbreaks continue to impact criminal courts with intermittent lockdowns necessitating the ongoing use of digital technologies to keep the wheels of justice turning. The era of digital criminal justice has, undoubtedly, begun. The situation has prompted judicial commentary on the 'place' or 'space' of the remote, dispersed or virtual courtroom. For legislative purposes, does a 'courtroom' include a network of diverse remote access technologies? This chapter adopts Castell’s (2010) network approach to draw a distinction between 'place' and 'space' and question whether virtual courtrooms are perhaps a 'space', not a 'place'.