Local Court Bench Book — Remote witness video facilities

There are two screen monitors in the courtroom: one large screen monitor (visible to the court) and one small screen monitor on the Bench table (visible to the judicial officer and/or court officer only). Any camera is located above or in close proximity to the large screen monitor.

The accused person should be seated out of the range of any camera but in a position to see the large screen monitor in the courtroom.

The witness and any support person/s should be advised that they may be visible to the judicial officer at all times, even when the transmission of the audio and/or video to the witness room is muted or otherwise turned off.

The examining legal representative is required to position themselves at the appropriate bar table position. In this position, the witness will be able to view an image of the legal representative when the representative addresses the large screen monitor.

An unrepresented accused person should be seated out of sight of any camera and the person appointed by the court to examine the witness on the unrepresented accused’s behalf will be required to position himself or herself at the appropriate bar table position. In this position, the witness will be able to view an image of the appointed person when the person addresses the large screen monitor.

During the witness testimony, the view on the large screen monitor should be the head and shoulder image of the witness. Note that in older (pre-2005) courts the image on the large screen monitor and/or the small screen monitor on the bench table may be switched between the full room view of the remote witness room and a view of the witness. In post-2005 courts, only a view of the witness is available.

The judicial officer should introduce himself or herself to the witness by addressing the witness on the large screen monitor. It is important that users in the courtroom address the large screen monitor so that the witness can see their face. The tendency to concentrate on the small screen monitor on the Bench when addressing the witness should be avoided to ensure that the judicial officer is visible to the witness.

Objections: Once the objector has stood up to make his or her objection, the judicial officer should inform the witness that the audio will be turned off temporarily (AUDIO MUTE) so that the objection can be dealt with. The AUDIO MUTE should be activated using the controls on the PC, touch screen controller or Bench. The audio and video transmission should only be muted (SYSTEM MUTE) in circumstances where it would normally have been appropriate to remove the witness from the courtroom, and/or where a lengthy objection is taken and/or a lengthy legal discussion occurs.

When electronic evidence is played in the courtroom, no image of the witness should be available on the large screen monitor. This should occur automatically via the control system in the courtroom.

Use of the remote witness facility may be tiring for witnesses and it may be necessary to schedule breaks accordingly, particularly for vulnerable people.

If the witness is required to indicate a part of the body, she or he can be asked to stand and/or move back from the camera.

A tape measure or ruler may be provided in the remote witness room to assist the witness to indicate the size to scale as dimensions may be lost on the screen.

Always inform the witness about what is happening to avoid confusion.

The cameras should not be interfered with. If you encounter any difficulties with equipment, Courtroom Technology Group should be contacted on (02) 9287 7870.

The AUDIO MUTE and SYSTEM MUTE controls are located on the PC, touch screen or Bench.

The audio is transmitted to the witness room via the court audio-visual system and the level will be pre-set to the optimum level. However, the level can be adjusted by the PC or the touch screen controller.

The court staff will have set up the facilities in readiness for the proceedings. The audio-visual facilities will be on standby. When ready to take evidence from the witness, the court officer in the remote witness room should select the appropriate court on the control panel on the side of the remote witness cabinet. The courtroom staff should then select the REMOTE WITNESS icon on the PC in the courtroom. Once the court officer in the remote witness room has selected the appropriate court, the CONNECT icon on the PC screen will turn green. At this stage, the courtroom staff should select the CONNECT icon, thereby activating the connection between the courtroom and the remote witness room. Just prior to this occurring, the judicial officer should ask the Sheriff’s/Court Officer to telephone the remote witness room to ensure that the witness and others in the remote witness room are seated and ready.

At the close of evidence from the witness, courtroom staff should select EXIT on the PC, thereby deactivating the connection between the courtroom and the remote witness room. The court officer in the remote witness room should also select the OFF button on the side of the remote witness cabinet.

The sheriff’s/court officer should be present in the remote witness room at all times so they will be aware of what is happening in the remote witness room and can report to the court at anytime, as necessary.

The judicial officer and/or the court officer are able to view the remote witness on the small screen monitor on the Bench table when any electronic evidence is being given. A smaller image of the electronic evidence will appear within the larger witness image. It is possible to toggle between the images to view a smaller image of the witness within a larger image of the electronic evidence by selecting the EVIDENCE TOGGLE icon.

When recording of evidence is required, the judicial officer should make an order for the witness’s testimony to be recorded, and the recording equipment should be turned on at the commencement of the witness’s testimony.

Check with the witness that they are able to hear adequately and have a good visual image.

Remember that any witness who is giving sworn evidence from a remote witness facility must still give an oath or affirmation.

It may be that it will be more difficult for the judicial officer to ascertain the need for the witness to have a break when they are located remote from the courtroom. Hence, the judicial officer should regularly check with the witness or with their support person as to their need for a break (depending on the needs of the witness such as young age or disability).

Support people may need to interrupt a witness’s evidence (mainly in the case of a vulnerable person) if they become aware that the witness is experiencing some type of difficulty in giving evidence and the court officer in the remote witness room has not noticed this difficulty. This may need to be discussed with the support person in the absence of the jury.

To examine the witness, legal representatives are required to move to the appropriate bar table position. The image viewed by the witness in the witness room will be a close up image of the examiner. The accused is not to be visible to the witness in the remote witness room.

To address the witness, stand at the appropriate position of the bar table and direct attention to the view on the large screen monitor (above the Jury if applicable) to ensure the witness receives a close up image.

The judicial officer will introduce the examiner to the witness. The examiner should greet the witness by addressing the view of the witness on the large screen monitor (above the Jury if applicable).

The witness will not be viewed by the court while any pre-recorded electronic evidence is played to the court.

The legal representative, when addressing or questioning the remote witness should check regularly with the witness that they can hear and understand the questions being asked of them.

The legal representative should clearly communicate to the witness that they may ask for any questions to be repeated if they do not understand them.

The judicial officer is able to override (MUTE) the transmission of audio only (AUDIO MUTE) or both audio/video (SYSTEM MUTE) to the witness room.

The Bench or Sheriff’s/Court Officer are able to view any electronic evidence and the remote witness at the same time. The evidence will appear as a small picture inserted in the larger remote witness image. This can be reversed by the Sheriff’s/Court Officer or the Bench via the EVIDENCE TOGGLE button/icon.

A full remote witness room view is no longer available in remote witness facilities installed after 2005.

The audio is transmitted to the witness room via the court AV system and the level will be preset to the optimum level. However the level can be adjusted by the Sheriff’s/Court Officer.

In the remote witness room, select the court to connect to, for example District Court/Local Court/Court 1 etc). This must be done first to allow the court to connect to the remote witness room.

In the courtroom select REMOTE WITNESS on the PC. This will bring up a list of available remote witness rooms. This should be green in color indicating the remote witness room is available. If it is grey, then remote witness room is either in use by another court or the court has not been selected in the remote witness room.

Select CONNECT on the PC to connect to the room..

Check the witness head/shoulders view displays the head/shoulders of a person sitting at the witness table, on the large courtroom monitor and the Bench monitor.

Check to ensure that the image in the remote witness room displays an image of the Bench and Bar table as a split image.

Find the place at the bar table that gives the witness the best view of the legal representative, and place a mark on the table at that place and/or inform the legal representative of where they need to stand in order to be seen clearly.

Ensure that the camera is positioned so the accused cannot be seen by the witness. This may require particular attention if the accused person is permitted by the court to sit behind their legal representative or where they are unrepresented.

If Witness Testimony Recording (WTR) is required, check to make sure the image of the remote witness appears in all four (4) quadrants of the recording.

Check that the judicial officer’s close up image view displays the full close up image of the judicial officer, on the right hand witness console monitor.

Note: A full remote witness room view is no longer available in remote witness facilities installed after 2005.

Stand in front of the centre bar table microphone. Test that the volume is getting to the remote witness room with the assistance of the other sheriff’s/court officer in the remote witness room.

Check that the judicial officer’s microphone is working in the same manner as above.

Check that the video/audio SYSTEM MUTE mutes all video and audio to the remote witness room.

Check that the video/audio WITNESS MUTE mutes the audio and video from the remote witness room to the court.

Check that the AUDIO MUTE mutes all audio ONLY to and from the remote witness room.

Use the electronic document viewer or the DVD player to check that the split image of the court appears on one monitor in the remote witness room and the other monitor in the remote witness room shows the evidence.

Check that the recording equipment is working and is switched on at commencement of the witness giving evidence in all relevant matters.

The Bench or Sheriff’s/Court Officer via the PC are able to view any electronic evidence and the remote witness at the same time with the evidence appearing as a small picture inserted in the larger remote witness image. This can be reversed by the Sheriff’s/Court Officer or the Bench via the EVIDENCE TOGGLE button/icon.

Every remote witness room should have phone/intercom connection with the court and this connection should be checked prior to the witness giving evidence.

Ensure prior to the witness coming into the remote witness room and prior to the start of proceedings that the equipment is checked and fully operational. You must also ensure that the witness can clearly see and hear the transmission and that the accused person will not be visible to the witness.

The phone connection from the remote witness room to the main courtroom should be checked and be fully operational prior to the witness commencing giving his or her evidence.

Ensure at the commencement of the witness’s evidence and after any interruptions or break that the witness is positioned so that he or she will be clearly visible to the courtroom.

Ensure recording equipment is functioning and turned on.

Support person(s) and other people in the remote witness room may be visible to the judicial officer at all times, even if the video and audio is muted temporarily.

The Sheriff’s/Court Officer should ascertain who will be in the remote witness room and their role, and alert the court.

The support person/s should sit in a position so that they are near to and within the sight of the complainant or vulnerable person.

Interpreters should sit next to but slightly forward of the witness to have the prominent microphone position, but not to obstruct the witness’s view of the monitors nor the court’s view of the witness. Note that for Auslan interpreters they need to face the witness but still be visible to the court.

Inform the witness and the support person/s prior to the proceedings that they may be visible to and be able to be heard by the court while they are in the witness room, even if the system is shut down (MUTED) temporarily and the courtroom is not visible to them.

A Sheriff’s/Court Officer should be present in the remote witness room with the witness throughout the time that she or he is required to be there.

The Sheriff’s/Court Officer must ensure the security of the witness and the witness room. That is, ensure that no other person enters the room, and that the witness does not leave the room without authorisation of the judicial officer.

The Sheriff’s/Court Officer will assist with the swearing in of the witness where appropriate as per normal court procedures.

The Sheriff’s/Court Officer must pay full attention to the proceedings at all times.

The Sheriff’s/Court Officer should inform the court (via phone/intercom connection to the court) if there is any malfunction of the equipment in the remote witness room, for example the examiner cannot be seen clearly, the accused is visible, the sound quality is poor or air conditioning is not working.

The Sheriff’s/Court Officer should inform the court (via phone/intercom connection to the court) of any problems for the witness, for example the witness’s need for a break to go to the toilet or if she or he is experiencing a health problem/emergency or critical incident of any sort. The support person may bring these issues to the attention of the Sheriff’s/Court Officer.

The Sheriff’s/Court Officer should inform the relevant legal officer if the witness complains of ill health or if he or she is distressed during an adjournment.

The Sheriff’s/Court Officer must not coach or intimidate the witness.

The Sheriff/Court Officer must not interrupt or intervene during the giving of evidence by, or cross examining of the witness unless it is to report to the judicial officer that some attempt at interruption, intervention or intimidation is taking place, there is concern for the wellbeing of the witness, or there are technological problems affecting the system. In which case the Sheriff’s/Court Officer must re port their concern to the court immediately.

The Sheriff’s/Court Officer must not prompt the witness in any way, offering her or him any explanations, interpretations or guidance and must not make any comments or signals to the witness except to ensure the witness follows any direction of the judicial officer.

Any exhibits should be conveyed promptly by the court officer and handed to the witness without comment.

In the event of an interruption in transmission from the courtroom or failure of the equipment, the Sheriff’s/Court Officer must remain with the witness.

The Sheriff’s/Court Officer should not speak to the witness about the case or her/his evidence during any adjournment or interruption in the proceedings.

Take care not to confuse the role of Sheriff’s/Court Officer with that of a support person. For example, do not comfort the witness if she/he becomes upset while giving evidence and do not discuss the circumstances of the case with the witness or anyone else prior to or during the proceedings.

If, for instance, the witness is required to indicate a part of the body that is not visible to the court, it may be necessary for the Sheriff/Court Officer to assist the witness to reposition such as moving back from the camera.

On termination of the witness’s evidence, the Sheriff’s/Court Officer must ensure that the witness is escorted safely from the remote witness room and that for a child witness she or he is in the care of a responsible adult or support person.

Any interpreter with the witness will sit next to the witness so as to have the prominent microphone position, and also be visible to the court. Auslan interpreters will sit facing the witness but also need to be in view of the court.

The witness is entitled to have a support person(s) present in the room, seated near the witness, and within the witness’s sight, when the witness is giving evidence. This person(s) should also be visible to the court.

The support person can assist the witness with any difficulty in giving evidence associated with a disability, as agreed to by the court.

Support person(s) and other people in the remote witness room may be visible to the Judicial Officer at all times, even if the video and audio is muted temporarily.

The support person should quietly inform the Sheriff’s/Court Officer of any problems such as difficulties with hearing what is being asked or if the witness is having any difficulties requiring a break (for example, witness needing to go to the toilet, witness distressed, witness having breathing difficulties, or witness indicating ill health during an adjournment).

In the event of an adjournment, interruption in transmission from the courtroom o r failure of the equipment, the support person(s) should not speak to the witness about the case or her/his evidence, although the support person(s) is permitted to comfort the witness during the interruption.

The support person should not discuss the evidence with the witness at any time.

The support person must not coach the witness, or influence the witness in any way while they are giving evidence (including during breaks).