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15 September 2021
Issue: 7948 / Categories: Legal News , Criminal , Constitutional law
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‘Omnibus’ Bill puts jury trials at risk

The Police, Crime, Sentencing and Courts Bill risks undermining access to justice, the Law Society has warned
The Bill, which had its second reading in the House of Lords this week, would increase the use of remote hearings, enable remote juries and make changes to pre-charge bail. However, a Law Society report published last year, ‘Law under lockdown’, found only 16% of solicitors felt vulnerable clients could participate effectively in remote hearings and only 45% were confident non-vulnerable clients could do so.

Law Society president I Stephanie Boyce said the Society was concerned remote hearings could have ‘a serious impact on access to justice, and may not be suitable for vulnerable people’.

Boyce said: ‘We oppose the use of remote juries and do not believe they have a place in the justice system.

‘How jurors interpret body language and facial expressions can be key in a trial and it is unclear what effect hearing a trial remotely would have.’

She highlighted the extra expense of installing new technology and systems at a time when funding was needed to tackle the cases backlog and legal aid gaps.

The Bill also came under fire from a parliamentary committee last week, in a highly critical report. Highlighting ‘the problems with so-called omnibus bills’, the Constitution Committee report noted the bill has 177 clauses and 20 schedules, creates 62 new law-making powers and amends 39 pieces of primary legislation. The Committee stated: ‘It should not be repeated.’

The Committee made a series of other recommendations, including that the government commit to a pilot of the use of remote juries, and safeguards to protect victims’ rights to privacy be brought into the Bill rather than be made via a non-binding code of practice. It called for an amendment to require a defendant’s consent before a court could issue a live link direction, and for individuals to be given a physical and mental health assessment to check they were able to participate effectively in remote proceedings.

Issue: 7948 / Categories: Legal News , Criminal , Constitutional law
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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