The use of closed-circuit television in South African criminal courts

Abstract

In the last decade the use of closed-circuit television or similar electronic devices (CCTV) has started to play a significant role in courtrooms, both as a silent witness and as a device through which to receive testimony.

The benefits of optimising the use of CCTV for receiving testimony are numerous. This paper focusses on two, namely easier access to justice through criminal courts, and bridging the gap between the protective measures created by legislation with regard to vulnerable witnesses and the effective implementation of said measures.

The requirements for using CCTV to receive testimony, if interpreted in a reasonable way, does not limit the type of device or facility to be used. It merely stipulates that the facilities at a remote point be overseen by a designated official, and that the device to be used must allow all parties, both at the court point and at the remote point, to hear and see the other parties, and to be able to follow the proceedings.

In recent years technology has advanced to such an extent that audio-visual capable devices are readily available. It is proposed that if the above interpretation is followed, the facilities through which testimony can be given by means of CCTV need not be stationary, it can travel to where it is needed thereby making courts more accessible, and alleviating trauma with regards to vulnerable witnesses who can testify at a designated buildings and no longer needs to go to court, a place designed to be intimidating.