Coronavirus: Boris Johnson says 'tougher measures' may be imposed to tighten social distancing rules

Coronavirus: All jury trials suspended in England and Wales

As many hearings as possible to be carried out remotely using telephone, video and other technology

Chiara Giordano
Monday 23 March 2020 08:21

All jury trials have been suspended in England and Wales as part of ongoing efforts to stop the spread of Covid-19.

The Lord Chief Justice, Lord Burnett, has said no new trials will start and ongoing trials will be paused while arrangements are put in place to allow them to continue continue safely.

Lord Burnett, the most senior judge in England and Wales, previously said no new trials expected to last three days or more would go ahead amid the deepening coronavirus crisis.

But, as pressure from members of the legal profession mounted on the government to halt court hearings, the extraordinary step of suspending all new trials was taken.

Lord Burnett said: “As the prime minister has been telling the country, the spread of Covid-19 has continued to accelerate.

“The clear message from government is to take all precautions to avoid unnecessary contact.

“A review of the arrangements in our courts is called for.

“I have decided that we need to pause jury trials for a short time to enable appropriate precautions to be put in place.”

Lord Burnett said arrangements have been made to conduct as many hearings as possible using telephone, video and other technology, and that HM Courts and Tribunals Service (HMCTS) is “working round the clock” on these new measures.

But he said some hearings, “the most obvious being jury trials”, could not be carried out remotely.

He said: “My unequivocal position is that no jury trials or other physical hearings can take place unless it is safe for them to do so.

“Today no new trials are to start. Jurors summoned for this week are to be released, if possible without entering the building, and told that they will be asked to return for trials where specific arrangements to ensure safety have been put in place.

“All other hearings in the crown court that can lawfully take place remotely should do so.”

The judge said jury trials which have already started should continue if possible, with strict social distancing procedures “at all times and at all places within the court building”.

He also said ongoing trials must be adjourned, if necessary, to allow these safety measures to be put in place.

Lord Burnett added: ”The basic hygiene arrangements urged upon us by the prime minister must be available.

“Resident judges, with their staff, will determine whether a trial can safely be continued.

“If it is necessary to adjourn trials already under way for a short period to put those safety measures in place, this must be done.”

Lord Burnett said the same considerations will apply to magistrates’ courts, which will need to continue to deal with urgent work, and that hearings should take place remotely if the facilities exist.

File image of the Lord Chief Justice, Lord Burnett of Maldon, (Kirsty O'Connor/PA Wire)

Regarding the civil and family courts, where some hearings were held over Skype last week, he said physical hearings should only take place if a remote hearing is not possible and if suitable safety arrangements can be made.

Lord Burnett said the guidance would be updated as events continue to unfold.

Prime minister Boris Johnson responded to a question about courts during a press briefing on Sunday, saying: “Firstly, on the courts quickly, many courts are already using video trials, using remote technology to do their business, but we are keeping that under constant review.”

Earlier on Sunday, Susan Acland-Hood, chief executive officer of HMCTS, referred to jurors being included in the list of key workers published at the end of last week in response to a query on Twitter.

She added that advice to jurors was: “Don’t come if you are vulnerable, or showing symptoms. But otherwise, do come – because justice is not optional.”

But a number of members of the legal profession said the courts should not keep running amid the crisis.

Additional reporting by Press Association