Japan's Supreme Court has instructed courts nationwide to reconsider the use of handcuffs and waist ropes on defendants entering courtrooms for criminal trials. Detained defendants currently wear these restraints to prevent flight, but new measures aim to shield them from spectators' view. Existing rules will still apply for those deemed flight risks.
The Supreme Court has directed courts across Japan to review the practice of using handcuffs and waist ropes on defendants as they enter courtrooms for criminal trials, according to informed sources on Tuesday. These restraints are typically worn by detained defendants until the judge arrives, aimed at preventing any escape attempts.
In lay judge trials, which involve public participation, the restraints are removed to avoid prejudicing perceptions of guilt. However, courtroom spectators can still catch sight of defendants in restraints. Under the proposed new guidelines, courts would remove the handcuffs and ropes behind partitions near the courtroom entrances, on the judge's orders. Additional steps would ensure that spectators do not see restrained defendants when they exit.
The existing protocol remains in place for defendants assessed as flight risks.
This development follows a 2019 request from the Japan Federation of Bar Associations to eliminate the use of such restraints during entry and exit from courtrooms. The Supreme Court's guidance could lead to more humane practices in judicial proceedings.
