The problem

Access to transcripts of criminal trials is sorely lacking in England and Wales. A de facto monopoly of private sector transcript providers for each Crown court means that defendants hoping to scrutinise the proceedings that led to their ending up in prison are left at the mercy of the market.

Worse still, in magistrates’ courts trials, no formal records are kept. Over 95% of criminal cases are dealt with in the magistrates’ court. They need not have a legally trained member of the judicial bench: while some cases are presided over by district judges, magistrates receive advice on the law from a legal advisor. While magistrates are trained, they are essentially voluntary members of the public. They work part-time. In 2013/14, the average amount spent on training a magistrate was £26.

There is certainly an argument to be made that such proceedings deserve more scrutiny: particularly given that magistrates proceedings can be the start of a cycle of low-level offending and imprisonment. Anecdotally, many practitioners despair at their experiences before these courts. For some examples, see this Twitter thread. But while these stories may provide dinner-party fodder for some, this is of little consolation to those whose liberty depends on accountability in the criminal justice system.

Transcription software and the way forward

So then, how to reconcile the fact that the justice sector continues to be savaged by cuts, with the need for accurate, full, and accessible reporting of proceedings? In my view, transcription software using voice-to-text technology, offers a valuable path forward.

The key to the potential of this idea is that better transcription software does not only benefit poor defendants. It is a somewhat trite observation to say that access to justice solutions can only succeed with private sector backing. ‘Lawtech’ in England and Wales, it is fair to say, has not been hugely successful to date, lacking investment and staying power.

Reliable voice-to-text software, however, if rolled out across the legal and advice sectors, could be transformative. Savings on overheads throughout public, private and the third sectors could be enormous. Whether streamlining detailed note-taking of interviews for auditing purposes, producing minutes of board meetings, or ensuring accurate logs of phone calls are available, voice-to-text offers a credible solution.

In crime, lawyers need access to transcripts to be able to challenge unsafe convictions. Further, juries could potentially have access to transcript material to refer back to in their decision making processes, rather than needing to recall testimony and rely on judges’ summaries. Granted, there is still a considerable way to go for transcription software to be considered a failsafe option. But the alternative – nothing at all – is unpalatable. Voice-to-text software should be endorsed in reducing the resource burden in providing access to justice for all, and closing the accountability gap throughout the criminal justice system.

Granted, there is still a considerable way to go for transcription software to be considered a failsafe option. But the alternative – nothing at all – is unpalatable. Voice-to-text software should be endorsed in reducing the resource burden in providing access to justice for all, and closing the accountability gap throughout the criminal justice system.