Published online by Cambridge University Press: 05 September 2025
Chapter 5 explores the transition from traditional in-person court hearings to virtual hearings, accelerated by the COVID-19 pandemic. It examines the categorization of virtual hearings into whole, partial and hybrid formats and discusses the factors judges must consider when deciding to initiate a virtual hearing, including the nature of the case, urgency and the technical capabilities of participants. The chapter underscores the importance of maintaining procedural integrity, ensuring open justice and safeguarding the rights of litigants and witnesses. It also addresses the technological and facility requirements for conducting effective virtual hearings and the potential challenges posed by the loss of judicial rituals, such as the reinforcement of authority and the sense of community. The chapter concludes by highlighting the future of virtual hearings, emphasizing the need for clear guidelines, continuous evaluation and the potential benefits of enhanced accessibility and efficiency, while acknowledging the distinct challenges posed by criminal trials.
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