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33 Crim. L.F. 1 (2022)

handle is hein.journals/crimlfm33 and id is 1 raw text is: Criminal Law Forum (2022) 33:1-38 © The Author(s), under exclusive licence to Springer Nature B.V. 2022 https://doi.org/10.1007/s10609-022-09431-x JANE LOO and MARK FINDLAY* DIGITISED JUSTICE: THE NEW TWO TIERS? Accepted: 7 January 2022; Published online: 27 February 2022 ABSTRACT. Prevailing conditions of access to justice and due process in the Sin- gapore courts are criticised through McBarnet's two-tier lens and Carlen's dra- maturgical understandings of criminal court realities. More than an interest in the structural separation of the Singapore judiciary, the paper interrogates the dualism between the imagined workings of justice and the daily operational experience for users of the Singapore courts. The scene is set to understand ideologies of triviality and irrelevance and their impact on justice service delivery in subordinate courts where legal representation and offender participation are the exception. To speculate on novel influences of triviality and irrelevance through machine-learned automa- tion, an audit of Singapore's present-day court technologies and its increasingly digitised court processes and format is detailed in the second part. The administra- tive benefits of digitisation notwithstanding, the paper reasons that digitalisation motivated by convenience, cost-cutting and emergency exigencies presents additional dangers to justice access and due process delivery above those already at play. These further challenges are deciphered through considerations of how justice service delivery is depersonalised and routinised in disruptive digital models. Digitized jus- tice suggests a new 'two tiers' duality between physical and virtual frames of service delivery and contestation. The 'on-line' screen shifts the theatre from the courtroom to the 'zoom room'. This exploration of two tiers of justice and theatre of the courtroom re-imagined through digitisation offers the opportunity to appreciate and activate automated decision processes and data management as part of the solution, rather than conceding their exacerbation of the 'injustice' posed by this two tiers ideology and courtroom drama exclusionism. *Jane Loo is a Research Associate at the Centre for Al and Data Governance, SMU. Mark Findlay is a Professorial Research Fellow and Director at the Centre for Al and Data Governance, SMU. This research is supported by the National Re- search Foundation, Singapore under its Emerging Areas Research Projects (EARP) Funding Initiative. Any opinions, findings and conclusions or recommendations expressed in this material are those of the authors and do not reflect the views of National Research Foundation, Singapore.

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