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18 March 2020
Categories: Legal News , Covid-19
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COVID-19: 'Remote' justice update

Remote hearings should be held where possible in response to Covid-19, the Lord Chief Justice has urged, and ‘no new trial should start in the Crown Court unless it is expected to last for three days or less’ if listed to start before the end of April

Lord Burnett said: ‘These cases will be kept under review and the position regarding short trials will be revisited as circumstances develop.’ Trials currently underway ‘will generally proceed.’

In an earlier update, Lord Burnett warned 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) until now 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.’

Earlier this week, the Bar Council 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.

Louise Hodges, head of criminal litigation at Kingsley Napley, said there was ‘a lot of concern’ among those working in the criminal justice system.

‘The various agencies are not able to provide the assurances that they have conducted proper risk assessments or that buildings and facilities, including court rooms, custody suites, cells or secure transport, are deep cleaned to sufficient standards to ensure the safety of individuals. It is probably to be expected now that non-essential trials will be delayed.’ 

Categories: Legal News , Covid-19
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NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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