Lord Burnett issued an update this week warning that ‘it is not realistic to suppose that it will be business as usual in any jurisdiction, but it is of vital importance that the administration of justice does not grind to a halt’.
The line from HM Courts and Tribunals (HMCTS) so far has been that hearings will continue as normal unless parties are advised otherwise.
Lord Burnett said: ‘Given the rapidly evolving situation, there is an urgent need to increase the use of telephone and video technology immediately to hold remote hearings where possible.
‘Emergency legislation is being drafted which is likely to contain clauses that expand the powers in criminal courts to use technology in a wider range of hearings. The Civil Procedure Rules and Family Procedure Rules provide for considerable flexibility.
‘Our immediate aim is to maintain a service to the public, ensure as many hearings in all jurisdictions can proceed and continue to deal with all urgent matters. In all things Judicial Office Holders are advised to liaise with leadership judges and HMCTS.’
The Bar Council, meanwhile, has called for a halt to jury trials.
‘Barristers up and down the country are telling us that jurors are having to drop out of cases because they are self-isolating or, worse, coming to court when they should not, and thereby putting everyone’s health at risk,’ Amanda Pinto QC, Chair of the Bar Council, said this week.
‘Being in a jury trial should not be a game of Russian Roulette with the participants’ health. All those involved in court proceedings, be they barristers, witnesses, defendants, jurors or members of the public (let alone court staff and judges), should not be expected to attend court, whilst the rest of the country is very strongly urged to work from home and to avoid “non-essential contact” and “confined spaces”.’
Pinto urged the Ministry of Justice ‘to adapt quickly’, continuing proceedings where possible, ‘but without juries and by not requiring judges, barristers and others to attend hearings in person’.
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