Ministers are considering legislation to give criminal courts more discretionary powers to use live links, after the Coronavirus Act 2020 expires next March. According to the impact assessment document for the Police, Crime, Sentencing and Courts Bill, this could ‘make it possible in the future, for example, for a jury, sitting collectively, to participate in a trial by “live video link” where the court considered this appropriate. Remote participation by a jury would only be considered at the discretion of the trial judge where there is good and sufficient reason to operate in this way’.
In Scotland, remote jury trials have been taking place since September 2020 with jurors watching proceedings from socially distanced seats in a cinema.
Law Society president I Stephanie Boyce said: ‘There would need to be clear evidence of how juries sitting remotely will help to increase capacity to clear the backlogs before such a change is considered.
‘Additionally, more work needs to be done to fully understand the impact remote hearings have on justice outcomes, as the Ministry of Justice and HM Courts and Tribunals Service have acknowledged. Juries being able to sit remotely would also be reliant on the widespread availability of high-quality and extremely reliable technology.
‘Maximising existing court capacity and judicial sitting days and boosting capacity through many more Nightingale courts is the best way of increasing the amount of jury trials that can take place safely.’
Criminal Bar Association chair James Mulholland QC, in this week’s Monday Message for members, said: ‘The focus for the next few months must continue to be the relentless pursuit of more court space for more in person jury trials. It is as simple as that.’
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