‘No participant in legal proceedings should be required by a judge or magistrate to attend court unless it is necessary in the interests of justice. Facilitating remote attendance of all or some of those involved in hearings is the default position in all jurisdictions, whether backed by regulations or not.’
England entered full lockdown on 5 January 2021 for at least seven weeks, amid surging cases. Wales has been in level four restrictions since 20 December 2020.
Lord Burnett said: ‘The position remains that attendance in person where necessary is permitted under the proposed new regulations.
‘This would include jurors, witnesses, and other professionals, who count as key workers. HMCTS will continue to put in place precautionary measures in accordance with Public Health England and Public Health Wales guidelines to minimise risk.
‘In all our jurisdictions work, including jury trials, will continue as it did during the lockdown in November and, after initial hiccups, in the earlier and longer lockdown.’
The Criminal Bar Association, which has been petitioning the senior judiciary regarding unnecessary attendance at court, welcomed the statement. The CBA has called for more Nightingale courts to address the backlog of cases.
In his Monday Message this week, prior to the lockdown announcement, CBA chair James Mulholland QC welcomed HM Courts and Tribunals Services’ agreement to publish a list of all criminal courts where users have subsequently tested positive for coronavirus. Mulholland also raised the issue of rates of infection among suspects, pointing out that ‘while court rooms are generally large and well-ventilated, cell areas are not.
‘We need to learn important lessons from the discharge of individuals from hospitals into care homes. Additionally, mass testing needs to be considered in situations where individuals in a particular court have tested positive for the virus.’
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