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.’
