header-logo header-logo

‘Omnibus’ Bill puts jury trials at risk

15 September 2021
Issue: 7948 / Categories: Legal News , Criminal , Constitutional law
printer mail-detail
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
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll