The COVID-19 pandemic has cast a spotlight on how the Maltese judicial system lags behind in the use of modern technology.

But the Chamber of Advocates, the body that represents lawyers, says video conferencing could be the answer. 

It has published a report putting forward practical suggestions on how the courts, closed since March 16, might start to function again despite a pandemic situation that is unlikely to be resolved “within a short period of time.”

The setting up of “virtual court rooms” so that court sittings might resume without any “risk to the health and safety of court users," is among its main suggestions.

And, if they are established, they should remain after the pandemic “would have long gone,” said the chamber.

While it suggest criminal cases before the Magistrates’ Courts should remain adjourned until the reopening of the courts, it was "imperative" compilation proceedings, where the accused is under preventive custody, continue to be heard.

Access to the court room should be limited to the magistrate, the deputy registrar, the prosecution and defence lawyers.

Necessary measures of disinfection should be taken prior to the sitting whilst rules of social distancing should be observed throughout the hearing, the report says.

Witnesses called to testify, should do so by video-conferencing, either in a separate room within the law courts or remotely elsewhere. 

The obligatory rule of having judgments read out in open court, may either be dispensed with or provision made for a live streaming of the sitting, it suggests. 

It also suggests that appeals lawyers should be allowed to add to written pleadings in civil appeals via email rather than making submissions orally in court. 

Should they wish to make oral pleadings, video-conference could be arranged between the judge/s and the respective lawyers, said the chamber, pointing out that this system has already been suggested by the  Hon. Justice Giannino Caruana Demajo.

The matter might be more complicated in case of criminal proceedings, with lawyers in this field insisting that even though oral submissions could be made through video-conference, the person accused following from prison if under preventive custody, the system would not be ideal. 

All lawyers “insisted that the fact that the accused would be able to present virtually is not sufficient” explaining that a lawyer would need to “speak with his client in confidence, and the proposed system does not guarantee this.”

The report also suggested the need to introduce “without further delay” modern systems of electronic filing of judicial acts which are “long overdue.”