COVID-19: Jury trials restart

Lord Burnett said he similarly continues to support the resumption of adjourned trials as soon as it is safe to do so.

The courts have been selected by the Jury Trials Working Group, chaired by Mr Justice Edis, which mooted plans last week for safe trials in courts of a suitable size and layout. Public Health England and Public Health Wales have been involved in the detailed arrangements.

Small numbers of trials are expected to take place initially. Meanwhile, more courts are being assessed around the country so that the number of cases heard can gradually increase.

Lord Burnett said: ‘It is important that the administration of justice continues to function whenever it is possible in an environment which is consistent with the safety of all those involved.’

Social distancing arrangements include providing a second courtroom, linked by closed circuit TV, to enable reporters and others to watch the proceedings, and another court room to use for jury deliberations. Courts staff will ensure entrances and exits are carefully supervised, and all necessary cleaning takes place.

The trials will be conducted under the same legal standards and procedures as before the COVID-19 emergency, with 12 jurors. 

New jury trials were suspended on 23 March due to the COVID-19 crisis.

However, some barristers expressed concern. Mark George QC, head of Garden Court North chambers, tweeted: ‘Jury trials to resume with 12 jurors whilst we have 5,000 new cases of the virus every day. This is at least month too soon. We are all part of a huge live experiment.’

Other lawyers queried how everyone would get to court and whether they were expected to take public transport.

Amanda Pinto QC, Chair of the Bar, said: ‘It is very encouraging to see that jury trials will start up again from mid-May.

‘Jury trials are essential to our criminal justice system and to the rule of law. It is reassuring that efforts to restart jury trials have involved a painstaking and cautious approach, that prioritises practical measures to ensure the safety of all those involved in the delivery of criminal justice.

‘The decision has not been made lightly. The Bar Council sees these first steps in managing and, then, we anticipate, as soon as is safely possible, rolling out jury trials more broadly across the nation, as a positive sign way that criminal justice matters.’