Pivoting in a Pandemic: Virtual Hearings, Vulnerable Witnesses and the Journey Toward a More Therapeutic Caribbean Court

Abstract

In the global judicial response to COVID-19 restrictions, virtual hearings were expanded beyond special accommodations for children and vulnerable witnesses to facilitate a range of court proceedings. Not much is known about the phenomenon in Caribbean contexts. As a result of this gap, the current study analyzes content from Practice Directions issued by Supreme Courts in Jamaica, Trinidad and Tobago, and the Eastern Caribbean from 2020 to 2022. It identifies patterns in the rules surrounding virtual hearings and their relevance to the vision of a more therapeutic Caribbean court. Results indicate that in generalizing virtual hearings, witness needs are not adequately addressed.