Coronavirus: The Impact on Criminal Courts

As reported earlier today the Lord Chief Justice, Lord Burnett of Maldon, has updated members of the judiciary on the continued operation of the courts during the current coronavirus outbreak.

In an email distributed by the Judicial Office this morning Lord Burnett outlined the following measures to be implemented at the Crown Court:

• No jury trials or other physical hearings can take place unless it is safe for them to do so. A particular concern is to ensure social distancing in court and in the court building.
• As of this morning no new trials are to start. Jurors summoned for this week are being contacted to ask them to remain at home, and contact the court they are due to attend. They will only be asked to come in for trials where specific arrangements to ensure safety have been put in place. If such measures can be put in place, trials scheduled for today may go ahead later on. All hearings in the Crown Court that can lawfully take place remotely should do so and other hearings not involving a jury should continue if suitable arrangements can be made to ensure distancing.
• Efforts to bring existing jury trials to a conclusion should continue. Social distancing in accordance with PHE guidelines must be in place at all times and at all places within the court building.
• If it is necessary to adjourn trials already underway for a short period to put those safety measures in place, this must be done.

The following measures are to be implemented at the Magistrates' Courts:

• Magistrates' Courts will need to continue to deal with urgent work, in accordance with guidance given by the Judiciary to judges and staff. They are the first court to which all criminal cases are referred. All hearings that can lawfully take place remotely should do so if the facilities exist.

It is no secret that younger Magistrates are in scarce supply and older Magistrates, who often have more time on their hands, tend to sit more frequently and fulfil the bulk of the Bench's work.

Several older colleagues and those with underlying medical conditions have already chosen to cancel their sittings, batten down the hatches and ride out current circumstances from the safety of their homes.

Challenging though times are, the work of the court has to go on.

My very best wishes to every colleague working in the courts at this difficult time. Hope you and your families all stay safe, fit and healthy.