News analysis

Circuit breaker could lead to virtual hearings in long term

The Covid-19 pandemic has hastened the Singapore courts to take measures that will help ensure hearings can proceed and decisions can be taken without holding physical court sessions, unless it is a must.

Earlier this month, the courts announced that in the light of the circuit breaker measures to curb the spread of Covid-19, they will hear only essential and urgent matters from April 7 to May 4. For criminal matters in the State Courts, the start date was April 13.

The matters would, as far as possible, be heard using electronic means of communication without requiring physical attendance in court. All other matters scheduled for a hearing would be adjourned.

The three courts - Supreme Court, State Courts and Family Justice Courts - have set out on their websites what are considered essential and urgent matters.

In the Supreme Court, such issues include criminal matters, like applications for a stay of judicial execution and applications for bail review.

Essential and urgent criminal matters in the State Courts include producing arrested persons in 48 hours, applications to remand accused persons for investigations and the viewing of bodies by the coroner. These are to be conducted via video-link.

The latest steps follow a message from Chief Justice Sundaresh Menon last month, when he updated court users and practitioners on the moves made to ensure the continuity of court operations and services.

The raft of virtual arrangements being tested at the courts includes the piloting of video-conference hearings for selected matters before the Court of Appeal and High Court.

The changes will occur incrementally to take in trials in the High Court, where appropriate.

Video-conference hearings for pre-trial conferences and other matters before registrars of the Supreme Court have been piloted and will be progressively extended, the Chief Justice said.

Now that the circuit breaker period has been extended for another four weeks to June 1, the current court arrangements to hear essential and urgent cases could also be extended or modified to continue until June 1.

The extended period could indirectly become a test bed for the courts to identify challenges in the calibrated long-term journey towards virtual courtrooms, including trials.

Lawyer Peter Ong Lip Cheng, who had used the video-conferencing app Zoom to apply for a bail review in the State Courts last week, spoke of significant benefits of using such tools, which he foresees will go down well with lawyers.

He had sought the court to consider reducing the charge his client, who is in remand, faced so that bail could be considered for the man.

Mr Ong said he addressed the judge in court remotely from his home, as did the prosecution from elsewhere. His client, who was in Changi Prison, was also linked.

"All formalities are followed just like in a courtroom, except that in this case, we don't have to stand up when the session starts. Instead, we greet the court as in across the table," he said, recounting the experience. "It was good. I am more comfortable in my home, can connect to other devices and save much travel time."

Law Society president Gregory Vijayendran said the "use of remote hearings so far has been positive and point generally to strong long-term potential".

While the Covid-19 outbreak has stepped up the move to virtual courts hearings, the experience of other countries may help highlight issues, like the system's robustness to accommodate litigation demands.

The Law Society Gazette in the United Kingdom, for instance, last week pointed to a guidance note from the UK Chief Justice and two others to take into account, in the listing of cases for judges, "the reality that long hours in front of a screen or on the phone concentrating hard are more tiring than sitting in a courtroom with all the participants present".

"Doing as much as possible remotely did not mean trying to do everything remotely," it added.

Join ST's WhatsApp Channel and get the latest news and must-reads.

A version of this article appeared in the print edition of The Straits Times on April 23, 2020, with the headline Circuit breaker could lead to virtual hearings in long term. Subscribe