USE OF VIDEO CONFERENCING (OPINION)
At all events, there can be no obligation to employ video conferencing,
except in the following three (alternative) circumstances, which a
legislative text should settle: if counsel could not otherwise assist the
person concerned; if a hearing with the person present is liable to
pose a serious and documented threat to public order, particularly the
physical integrity of the person appearing, of third parties, of victims or
of witnesses; finally, if it constitutes the sole means of complying with
the reasonable time within which the procedure must be completed.
13/ The savings made on extraction costs or the difficulties of
marshalling the necessary escorts do not in principle constitute
adequate grounds for resorting to video conferencing.
14/ Whatever the circumstances of its use, the decision to employ video
conferencing must be taken case by case and solely by the authority
holding responsibility for the proceedings and for the decision. As
provided by the Public Health Code for psychiatric treatment without
consent, it must be linked with the possibility for the judge, where the
person to appear cannot be moved, to resort to an external hearing.
This must be conceived, far more so than video conferencing, as
an alternative to the hearing in court where the situation precludes
transport for appearance.
These are the considerations that should guide a policy yet to be
determined, which cannot be the upshot of immediate necessities.
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