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‘Omnibus’ Bill puts jury trials at risk

15 September 2021
Issue: 7948 / Categories: Legal News , Criminal , Constitutional law
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The Police, Crime, Sentencing and Courts Bill risks undermining access to justice, the Law Society has warned
The Bill, which had its second reading in the House of Lords this week, would increase the use of remote hearings, enable remote juries and make changes to pre-charge bail. However, a Law Society report published last year, ‘Law under lockdown’, found only 16% of solicitors felt vulnerable clients could participate effectively in remote hearings and only 45% were confident non-vulnerable clients could do so.

Law Society president I Stephanie Boyce said the Society was concerned remote hearings could have ‘a serious impact on access to justice, and may not be suitable for vulnerable people’.

Boyce said: ‘We oppose the use of remote juries and do not believe they have a place in the justice system.

‘How jurors interpret body language and facial expressions can be key in a trial and it is unclear what effect hearing a trial remotely would have.’

She highlighted the extra expense of installing new technology and systems at a time when funding was needed to tackle the cases backlog and legal aid gaps.

The Bill also came under fire from a parliamentary committee last week, in a highly critical report. Highlighting ‘the problems with so-called omnibus bills’, the Constitution Committee report noted the bill has 177 clauses and 20 schedules, creates 62 new law-making powers and amends 39 pieces of primary legislation. The Committee stated: ‘It should not be repeated.’

The Committee made a series of other recommendations, including that the government commit to a pilot of the use of remote juries, and safeguards to protect victims’ rights to privacy be brought into the Bill rather than be made via a non-binding code of practice. It called for an amendment to require a defendant’s consent before a court could issue a live link direction, and for individuals to be given a physical and mental health assessment to check they were able to participate effectively in remote proceedings.

Issue: 7948 / Categories: Legal News , Criminal , Constitutional law
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