Draft law for conferencing in trials for young offenders

ABU DHABI // Juveniles brought before the courts would benefit from a law allowing defendants and witnesses to appear through video conferencing, legal experts say.

A law being reviewed by the legal committee of the Federal National Council allows the use of the technology by police, public prosecution and courts.

Lawyers say it would take the trauma out of appearing in court for underage defendants and witnesses, make nervous witnesses more inclined to show up, and cut the costs of transporting defendants.

Rashid Al Dhanhani, head of Baniyas Prosecution, said young defendants were at risk of harm while going through the judicial system.

“By doing this, we are preventing the juvenile from mixing with criminals in court premises,” said Mr Al Dhanhani, a former head of family prosecution. “It also saves them from the emotional damage of being in handcuffs and shackles when coming to court.

“They will also be more confident to defend themselves and feel free to talk without the fear of facing the judge in a courtroom.”

He said it would also protect the family’s reputation if their child was seen entering the court.

Jasem Al Naqbi, a member of the FNC committee revising the law, said the consent of the witness or defendant would be needed to ensure there was no pressure being applied from behind the scenes.

“With this draft law legislators wanted to reduce the inconvenience caused to the person involved, like getting transferred from one location to the other,” he said.

“If the person chooses to go personally to court or public prosecution, no one prevents him from that. The procedure was only introduced to facilitate matters.”

But Emirati lawyer Ibrahim Al Tamimi said the technology might hamper the judges’ assessment of the defendants’ integrity.

The use of technology was convenient when “registering land but when it comes to defending another and questioning witnesses it is different when you are in front of the judge or far away”, Mr Al Tamimi said.

He said introducing electronic systems to court could also cause practical problems. “What if one day the system goes down? Our work stops.”

Mr Al Tamimi suggested a temporary prison inside court premises, where defendants with pending cases could stay until their trials were over.

But Mr Al Jasmi said the court process could be intimidating for some witnesses, making them more likely to try to avoid it.

The law would also make it easier for police and prosecutors, as investigators would not have to carry the case files from one spot to another.

The draft law applies the same conditions as regular court hearings, including confidentiality of procedures that have been filmed, and protecting the material from being exchanged, copied or deleted, except with permission from the court.

The law states video-conferencing would also be of particular benefit in judicial procedures with foreign countries and testimonies by overseas experts.

The draft will later be reviewed by the Federal National Council during an open session with the Minister of Justice, Sultan Al Badi.

Once the council passes the bill it will go before the President, Sheikh Khalifa, for final approval.