Published date:
By Bruno Min
Technological developments continue to have a transformative impact on various aspects of our lives. While legal systems have often been regarded as resistant to these types of change, they have, in recent years, become much more open to taking advantage of digitalisation as a means of making criminal proceedings more convenient and efficient. It is crucial to ensure that criminal justice systems are fit for purpose, and that they continue to develop, to mirror social trends and developments. However, where these changes are adopted rapidly, and with little regard for human rights, technological developments risk worsening existing endemic challenges in criminal justice systems, including discrimination and over-incarceration. This paper considers: the factors that have contributed to the increasing use of technology in criminal proceedings in England and Wales; how technology is now shaping not just the appearance, but also the very nature of criminal proceedings; and how these developments might impact on fair trial rights.