Coronavirus: Jury trials must be stopped to prevent virus 'Russian roulette', barristers say

Government 'putting people's lives at risk' by forcing jurors to come into court, Bar Council says

Jury trials must be stopped to prevent court cases becoming “a game of Russian roulette” with coronavirus, barristers have said.

Jurors have been ordered to continue attending trials unless they are in at-risk groups or have symptoms, despite government guidance for the general public to avoid contact with others.

But high-profile cases, including the trial of the Manchester bomber’s brother and the men accused of killing PC Andrew Harper, have already lost jurors over the pandemic.

The Bar Council, which represents over 17,000 barristers in England and Wales, said it was receiving reports of jurors dropping out of cases across the country.

Chair Amanda Pinto QC said: “Being in a jury trial should not be a game of Russian roulette with the participants’ health.

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“All those involved in court proceedings, be they barristers, witnesses, defendants, jurors or members of the public - let alone court staff and judges - should not be expected to attend court, whilst the rest of the country is very strongly urged to work from home and to avoid non-essential contact and confined spaces.”

The Bar Council said some jurors were dropping out of cases because they were self-isolating with potential coronavirus symptoms, while others were “coming to court when they should not, and thereby putting everyone’s health at risk”.

It called for the Ministry of Justice to continue proceedings without requiring people to attend court were possible, including by using video and phone technology.

“The Bar Council believes that it is vital that the justice system functions as far as possible but putting people’s health - and in some cases lives - at risk in our courts when this is avoidable, must stop immediately,” a spokesperson added.

Jurors considering the alleged murder of PC Harper were sent home on Tuesday after one of them came down with a “horrific cold”.

On Monday, a juror in the trial of alleged Manchester Arena bomb plotter Hashem Abedi was discharged after going into self-isolation over the weekend.

There were further reports of jurors refusing to attend court over coronavirus, or refusing to meet with their lawyers, while witnesses have been unable to give evidence because of coronavirus symptoms.

Mustapha Hakme, a criminal defence barrister, wrote on Twitter: “Nearing end of serious trial at Snaresbrook Crown Court and the jury, who have been out deliberating for some two hours, are about to be discharged.

“One has refused to continue as she is pregnant and two others are unwell. The courts are about to feel the reality of what faces all of us.”

But any move to postpone trials will worsen a backlog of criminal cases already caused by cuts to the number of sitting days.

James Mulholland QC, vice chair of the Criminal Bar Association, said: “The criminal justice system is already in crisis and the coronavirus is likely to bring it to the point of collapse.”

The Lord Chief Justice said it was “not realistic to suppose that it will be business as usual in any jurisdiction, but it is of vital importance that the administration of justice does not grind to a halt”.

In a statement issued on Tuesday, Lord Burnett said there was an “urgent” need to increase the use of telephone and video technology to hold remote hearings.

“Emergency legislation is being drafted which is likely to contain clauses that expand the powers in criminal courts to use technology in a wider range of hearings,” he added.

“Our immediate aim is to maintain a service to the public, ensure as many hearings in all jurisdictions can proceed and continue to deal with all urgent matters.”

HM Courts and Tribunal Service insisted that business would continue on Monday, with updated guidance calling jury service an “essential” part of the criminal justice system and “one of the most important civic duties a citizen can undertake”.

For those already on trials, jury service is currently continuing, and individuals are expected to attend court “unless they have a reason not to”.

“We're carefully following government advice and keeping the situation under constant review,” an official document said.

It adds that for those ”currently serving on a jury, you will be expected to attend as normal“ unless they have signs of covid-19, or a diagnosis of the disease; are over 70, have a weakened immune system, an underlying health condition or are pregnant; are following official government advice on self-isolation; or there is another reason why they cannot attend.

Anyone wanting to be discharged was told to call the jury central summoning bureau, which was experiencing a high volume of calls on Tuesday morning.

An automated message told callers that they had to submit requests to be discharged in writing.

England's civil courts could relax rules and deadlines in ongoing cases in anticipation of delays in the coming weeks due to coronavirus.

Law firm Leigh Day claimed on Tuesday that one of its lawyers had secured a direction on time extensions in a brain injury case it is currently involved in.

The firm said an order made in the High Court - which it called the ”covid-19 direction“ - means that parties involved in the case can agree extensions for up to 56 days by consent without a further order from the court, in light of the outbreak.

Additional reporting by PA