Presence, proximity and participation: Online court communication from a procedural justice perspective

The increasing use of video-links has sparked debate on whether online proceedings can ensure fair trials. Legal research often claims that physical presence is essential for legitimacy and effective participation but fails to support this assumption with an empirical basis. This article explores the role of physical presence in criminal trials through procedural justice theory, focusing on perceptions of voice (telling one’s side of the story) and respect (being treated with dignity), to assess how online trials might affect these aspects. Findings on meaningful participation in online hearings are mixed, but research on telepsychology and telemedicine suggest that high levels of empathy and strong working relationships can be maintained. The authors highlight the need for further empirical studies on how online trials influence perceptions of fairness, especially regarding judicial empathy and interpersonal dynamics, and stress
the importance of adopting a receptive mindset toward the new opportunities online criminal proceedings may present in this regard.