Procedure - Video Conferencing by Offenders for Court Appearances and Legal Advice

---

Purpose
1.	Process
2.	Definitions
3.	Conduct of Videoconferencing for Legal Advice and Representation
4.	Courts
5.	Court Appointments and Video Court Operational Configuration
6.	Offenders Presentation and Appearance at a VCC
7.	Duration
8.	Termination of a Video Court Conference Call

Purpose

To provide for the management and attendance of offenders at a video court centre (VCC) and video consultations with legal representatives.

1. Process

The procedure is to be adopted for the management, control and administration of offenders in the VCC for the following-

1. telephone calls to consult with legal representatives;
2. court video conferencing; and
3. Legal Aid representative video conferencing.

Refer appendix - Video Court Conferencing Protocols

2. Definitions

Legal Calls - means telephone calls to numbers listed on the video court system as authorised legal numbers. Legal calls are to be made to the court where the offender will be appearing. Legal calls must not be recorded or monitored. Legal calls include calls to -

1. an offenders lawyer; or
2. a person taking instructions for the legal defence of the offender.

Video Conferencing Technology (VCT) - means the system enabling visual contact between an offender and a court or legal representative.

Video Court Centre (VCC) - means the building that houses the equipment that allows video contact between an offender and a court.

Legal Aid Queensland (LAQ) - means the government funded organisation that represents offenders who cannot fund their own defence.

3. Conduct of Videoconferencing for Legal Advice and Representation

Utilisation of videoconferencing technology for the provision of legal advice and representation will be in accordance with this procedure and the following -

1. videoconferencing between legal practitioners and their clients will not be subject to audio recording or be audible by third parties to maintain confidentially;
2. video conferencing facilities must be booked in advance by the nominated LAQ Videoconferencing Booking Officer, who must contact the relevant centre liaison officer.

If the Agency proposes the relocation of LAQ video conferencing equipment in any correctional centre, it will notify LAQ of the proposed change in location and ensure the equipment can be connected to an ISDN line in the new location and that conditions in the new location are appropriate and suitable to the use of the equipment to deliver legal services.

4. Courts

The Agency in consultation with the Department of Justice and Attorney General and the courts will determine which courts and which booths within the VCC will operate as part of the video court system.

5. Court Appointments and Video Court Operational Configuration

The general manager or nominee must undertake the following -

1. nominate an officer who is responsible for providing a list of offenders required to attend the VCC. This list should detail the protection or mainstream status of each offender in addition to whether the offender has a status of ordinary or irrespective;
2. ensure that the court list is provided to appropriate staff the day before an offender is to appear before the VCC, or by the Friday afternoon for the following Monday's appearance;
3. establishing a process that ensures an offenders appearance when required for the VCC. This may include the list of offenders required to attend that days VCC being read out to all staff as part of the morning brief;
4. separate waiting rooms are established for mainstream and protection offenders;
5. a label designating which court/s will operate out of that particular booth is placed on the door of each video booth;
6. that when a protection prisoner enters a video booth, staff place a sign with the letter “P” on the booth door to ensure that all staff are aware that a protection offender is secured within that booth;
7. video conferencing booths are allocated to courts and LAQ.

6. Offenders Presentation and Appearance at a VCC

Offenders must be secured in their respective video booth with a name plate clearly displayed in front of them for presentation to the court and to ensure that they are correctly identified. The name plates will be made up by staff from the VCC.

The following also applies -

1. staff are to ensure that offenders required for the video court are to attend the VCC 30 minutes prior to the appearance time;
2. in relation to the Brisbane Arrest Courts, prisoners are to be available at the VCC 60 minutes before their court appearance to give instructions to the Legal Aid duty lawyer via video link. All other legal consultations between lawyers and prisoners should have occurred before the prisoners scheduled court date;
3. video links between a Legal Aid lawyer and an offender are to take place in booths allocated for Legal Aid consultations where these are available;
4. mainstream and protection offenders are to be separated with a minimum of two barriers with barriers not to be opened simultaneously, refer procedure - Movement Control of Offenders (in-confidence);
5. movement of offenders to and from the VCC must be coordinated through relevant movement controls.

The general manager or nominee must establish a process to manage the appearance of

a maximum security unit (MSU) offender before a video court. This may involve negotiations with the relevant court to schedule the appearance of a MSU offender at a time when no other offenders will be present.

7. Duration

There is to be no set duration time stipulation for the conducting of the VCC process. The Magistrate or Justice will determine the time required for each offender. When a prisoner has been dealt with, court staff will advise VCC staff that the court matter has been completed whereupon the offener may be removed from the video booth.

There will be no lock down periods for staff working in the VCC. The supervisor responsible for that area is to ensure that the existing staff are covered over their required meal break periods and also for any designated lockdown training sessions.

8. Termination of a Video Court Conference Call

A video court conference call may be terminated for reasons including, but not limited to -

1. if any doubt exists about the identity of any offender attending the VCC;
2. if an officer reasonably considers the content of the video-conference constitutes a threat to the security or good order of the corrective services facility;
3. if an offender or any other party involved in the VCC fails to comply with any direction regarding dress standards or behaviour; or
4. any other reason in accordance with Corrective Services Act 2006 s52(4).
   
   
   
   

KELVIN ANDERSON
Commissioner

---