Title
Administering Justice via Video Link: Assessing the impact of the use of video link in immigration bail hearings in the UK in the context of the Compliant Environment
Abstract
The research is analysing the theoretical background to the compliant environment (formerly known as the hostile environment) policy, and considers that background in the light of the current approach to immigration bail hearings, which sees a move towards video link presentation of the applicant. Prior to the pandemic, which has seen a move towards video link hearings more generally, there was some concern that video link hearings for immigration bail applications in particular, may be disadvantageous to those applicants. The research considers whether the approaches to governance as implemented as part of the compliant environment, coupled with a criminalisation rhetoric, lead to an argument that stricter controls for access to justice are needed to ensure that immigration bail applicants are receiving a fair hearing and are not having their right to liberty curtailed without proper justification. In the light of the pandemic, and the likely increase in video link hearings in the future, this research will have a lot to offer for discussions of future legal practice and the administration of justice.