Can appearing in court via video link impact your bail?

New research by the Bureau of Crime Statistics and Research has shed light on some particulars of the justice system.

Lismore Court House in Zadoc Street.

With an increasing amount of people appearing in court via video-link, concerns have been raised that the use of this technology could disadvantage defendants.

But a new study from the Bureau of Crime Statistics and Research found no evidence that appearing in court via audiovisual link (AVL) disadvantages defendants' in their access to bail.

The BOCSAR study investigated whether defendants who appear in court via AVL receive less favourable bail decisions than those who appear in person.

BOSCAR executive director, Jackie Fitzgerald, welcomed the findings on Tuesday.

"Equity of access is an important underpinning of the criminal justice system," she said.

"Given the high stakes involved for defendants subjected to judicial remand decisions it is reassuring that AVL does not appear to impact judicial decisions.

"This is particularly important given the increased use of AVL in modern court settings."

Ms Fitzgerald said over the past decade there has been a steady increase in defendants in custody appearing in court via AVL from a Correctional Centre rather than appearing in person.

Prior to the COVID-19 pandemic, AVL was already used in a third of all first bail hearings in NSW.

Since the pandemic, however, this has increased dramatically, and most bail proceedings currently proceed via AVL.

AVL use in courts offers considerable logistical and efficiency benefits for justice agencies including reduced defendant transport and improved security.

To estimate the impact of appearing via AVL on bail outcomes, the study compared individuals who had their first court bail hearing via AVL at two NSW Correctional Centres, Amber Laurel and Surry Hills, between January 2018 and February 2020, with similar individuals who had their first court bail hearing in person over the same period.

Using three different statistical approaches the researchers found no meaningful difference in the likelihood of bail refusal for defendants appearing via AVL at their first court bail hearing compared with those appearing in person.