Virtual court hearings and therapeutic jurisprudence: challenges and opportunities

Abstract The COVID-19 pandemic brought about changes to almost every aspect of life. Courts were no exception, with the pandemic dramatically increasing the use of virtual court hearings. This paper explores virtual hearings and their impact on therapeutic approaches to judging, which prioritise connection and engagement between judicial officers and participants. While particularly drawing on the experience in Australia and the United Kingdom, the paper draws on broader international research to identify the potential challenges of seeking to conduct therapeutic judging online, but also areas where the virtual environment might improve participants’ therapeutic experience. Further research on this topic is likely to be fruitful, as virtual court hearings become a more entrenched part of court practice. We therefore canvass areas for future research, to enhance the therapeutic potential of the judicial role in a virtual environment.