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The Northern Ireland Human Rights Commission has provided a Briefing: Department of Justice Consultation on Proposals on the Use of Live Links for Police Detention/Interviews.

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Briefing: Department of Justice Consultation on Proposals on the Use of Live Links for Police Detention/Interviews

Last Updated: Friday, 16 April 2021

Read the Human Rights Commission’s briefing to the Department of Justice Consultation on Proposals on the Use of Live Links for Police Detention/Interviews.

Date produced June 2020.

Below is a summary of the recommendations.

You can also download the full document through the links provided.

The Northern Ireland Human Rights Commission (NIHRC) recommends:

2.30 the proposed amendments to the Police and Criminal Evidence (NI) Order take into the account the limitations of video-link technology and provide for additional safeguards, such as only permitting the use of video-link technology where the detained person is accompanied by a legal adviser, to ensure that it does not undermine their rights, particularly the need to ensure that there has been no ill-treatment in custody and that any physical and mental health needs are addressed.

2.31 prior to roll out of video link technology, a review is undertaken to identify individuals for whom its use is not suitable for reviews, hearings or police interviews. This review should address the particular vulnerabilities of children and young people, disabled people, people experiencing mental ill-health, older people and those who require an interpreter, along with other vulnerable groups and set out the limited circumstances and appropriate safeguards for the use of video-link technology.

2.32 the voluntary nature of the use of video-link technology is emphasised to all detained persons including their right to request an in person review, hearing or interview.

2.33 there is an independent assessment by the magistrate of when it is not in the interests of justice for a person to attend a hearing via video-link technology at which the detained person or their representative can make submissions as to its suitability.

2.34 prior to the implementation of video link technology for police interview, reviews and hearing, that the issues and concerns with its roll out in other parts of the UK are addressed to ensure that the rights of detained persons are not undermined by technology failures or inadequacies.

2.35 there is an independent review after a period of six months, which looks at the impact of the use of video link technology for all detained people and specifically for children and young people, disabled people, people experiencing mental ill health, older people and those who require interpreters is incorporated into the roll out of this technology.

3.3 a full equality impact assessment is undertaken which takes into consideration the differential impact of this policy for disabled people, children and young people, older people and people for whom English is not their first language.