OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
In the second place, it is true that these extractions generally require
the use of officers of the security forces in strength, and above all for
protracted periods. The economies sought in the use of these forces,
as part of the general revision of official policies, naturally prompt an
effort to reduce extractions.
In the third place, where persons in detention are concerned,
recent decisions assign responsibility for judicial extractions to the
staff of the prison administration. The experimentation in progress
may be expected to demonstrate the expediency of holding video
conferencing on more occasions, rather than resort to extractions
with limited staff numbers.
In the fourth place, the recent law of 5th July 2011,51 concerning
psychiatric treatment without consent, opened a new area of court
intervention which is to prove significant in terms of volume (some
84'000 measures of hospitalisation without consent before the
reform). Having regard to the congestion of the courts, efforts of
productivity will have to be made. Use of video conferencing is one
possible aspect of this.
In the fifth place, under the same reform of detention on remand,
the multiplication of procedures and the growth in their volume lead
to the overloading of barristers, particularly those acting as officially
appointed defence counsel. In legal professions of small or average
numbers, it will be materially impossible for the barristers to cope
with all the attendances expected of them in places sometimes distant
from the chief towns. There too, more time-saving will be necessary,
and video conferencing is an instrument of it.
Consequently, for a number of apparently unarguable reasons inferred
mainly from practical necessities, video conferencing is destined to
develop.
6/ Injudicious development of such technology carries the risk of
interfering with the rights of the defence.
In certain cases, video conferencing can assist these rights. Indeed,
this way of operating can, where a person’s appearance in court is
obviously difficult, obviate the judge’s postponing the case (thereby
51
108
French law n°2011-803 of 5 July 2011 on the rights and protection and
management of people in psychiatric care: http://www.legifrance.gouv.fr/
affichTexte.do?cidTexte=JORFTEXT000024312722 (in French).
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