Issue 142  16th May 2020

Jury Trials Resumed

The Lord Chief Justice of England and Wales, Lord Burnett of Maldon has announced that new jury trials will start in a few courts week commencing 18 May 2020. This followed discussions with the Lord Chancellor, Rt Hon Robert Buckland QC MP.

These trials will take place under special arrangements to maintain the safety of all participants, including jurors. These measures include supporting social distancing and appropriate cleaning standards and have the express support and backing of Public Health England and Public Health Wales.

Four Crown courts have been assessed as currently suitable to hold jury trials. They are:

• Central Criminal Court, London (Old Bailey)
• Bristol Crown Court
• Cardiff Crown Court
• Manchester (Minshull St)

We expect the next three courts to be suitable will be:

• Reading Crown Court
• Warwick Crown Court
• Winchester Crown Court

Jury Trials Considered Elsewhere

The jury trial working group met again this week to consider the early safe resumption of new trials at the Old Bailey, Bristol, Cardiff, Manchester Minshull Street, Reading, Warwick, and Winchester. Derby and Nottingham have also been assessed but are not yet suitable for jury trials at this stage.

Jury Trials: Bar Council Response

The plan to roll out jury trials safely has three stages:

1. The first tranche is happening very soon with trials in Cardiff and the Central Criminal Court looking very likely to start on Monday 18 May. Other courts likely to start in the course of the next week are Bristol, Reading, Warwick, Winchester and Manchester Minshull St. The final sign-off has yet to happen and each still has to be confirmed independently, probably later this week. Nottingham may also follow. In anticipation of confirmation that they will be suitable, counsel and others involved in the cases to be listed from Monday have already been notified so that they can prepare for trial.

2. It is intended that the roll-out of jury trials across other sites in a similar manner will happen in the coming weeks and months to more court centres across England and Wales.

3. Much more general restarting of jury trials across the court system is not imminent, but will be determined further ahead.

'Every person charged under new coronavirus law wrongly prosecuted after CPS admits powers used incorrectly'

Dozens of people in England and Wales have been wrongly charged during the Covid-19 outbreak after it emerged that all prosecutions brought under the new Coronavirus Act were incorrect. A total of 44 charges have been brought under the new law since it was introduced on March 27. But the Crown Prosecution Service has now revealed that all of those charges were incorrect, including 13 wrongful convictions. The legislation allows officers to remove or detain a “suspected infectious person” for screening and assessment.

Twelve charges brought under the Health Protection Regulations 2020 - which give powers to break up gatherings and fine people breaching restriction of movement rules - were also wrong, although the CPS said the majority had been correct.

The CPS press release can be found here.

'Trials may be sent straight to crown courts to cut backlog'

Murder, rape and some “county lines” drug trials could be fast-tracked straight to crown courts as part of attempts to clear a backlog of cases caused by the coronavirus crisis.

About 1,400 serious cases are currently waiting to be passed from magistrates to be heard by a judge and jury. The judiciary is understood to be examining ways in which such cases could be sent straight to higher courts.

'HMCTS to test block listing in magistrates' court'

Firms could be allocated blocks of time in the magistrates' court dedicated to hearing their cases as part of work to keep the justice system running safely during the pandemic. HM Courts and Tribunals has told the Gazette that it hopes to begin testing block listing in the south east by the end of this month. All of a firm’s cases could be heard in one go to keep the number of people in court to a minimum. The allocated time would include audio and video hearings so that practitioners do not have to repeatedly log in and out. The pilot will cover ‘priority’ cases being heard since the country went into lockdown.

'Plans for early prisoner release shelved by government'

Proposals to release some offenders from prison earlier than planned have been shelved by the government. The change was due before the House of Commons on Tuesday where it faced opposition from a number of Tory MPs. But a Whitehall source told the BBC it was no longer necessary as the coronavirus outbreak has eased pressure on the prison system with fewer cases going to the courts. Inmates could still be released under the COVID early release scheme.