Issue 143  23rd May 2020

Jury Trials Working Group Update

This week marked an important first step to implement the Lord Chief Justice’s plan to restart new jury trials which were temporally adjourned after 23 March. Juries were sworn in at four courts – Manchester Minshull Street, Bristol, Cardiff and The Old Bailey – and all proceeded into a second day with no reported problems. The feedback received from participants, including court staff, jurors, witnesses and legal professionals, has been positive.

We are pleased that further new trials are listed to start in Reading, Warwick and Winchester next week.

Junior Treasury Counsel Appointed

The Attorney General, the Rt Hon Suella Braverman QC MP, has appointed Kerry Broome, Julia Faure Walker, Ben Lloyd, Catherine Pattison, Sarah Przybylska, and Peter Ratliff as Junior Treasury Counsel to the Crown. The appointments will run for 3 years from 19 May 2020.

Rollout Plan for CVP in Crown Courts

HMCTS is rolling out video conferencing technology to all Crown courts in England and Wales to enable some criminal hearings to be held by video. The cloud video platform (CVP) system connects securely to the existing justice video network, which links police stations and prisons to courts. It accessible by any internet-enabled device with a camera and a microphone. CVP is also being rolled out to magistrates’ courts, and to civil and family courts. We will announce details about these rollouts in due course.

'Volume of work in Magistrates' Courts needs to be increased, says Lord Chief Justice'

The Lord Chief Justice has sent a message to magistrates saying the volume of work in the Magistrates’ Courts needs to be increased. Lord Burnett of Maldon said: “It was necessary in March to restrict the work being done in the Magistrates’ Courts as a result of the coronavirus emergency. Increasing the volume and range of work has been underway for some time. Magistrates are undertaking the Single Justice Procedure work. District judges continue to work in their courts dealing with overnight and remand cases, sentencing and urgent matters. They have adopted new procedures and made increased use of video technology. Trials have recommenced conducted both by Magistrates and District Judges.” He added: “We need now to increase the volume of work in the Magistrates’ Courts."

'Barristers demand cleaner magistrates’ courts'

In a letter to HM Courts & Tribunals Service, the Criminal Bar Association said it was ‘deeply concerned’ about the cleanliness of court centres. On magistrates’ courts, the CBA said there was an absence of regular cleaning and a failure to provide basic essentials such as hand sanitiser and cleaning products, contrary to a risk assessment document published by HMCTS earlier this month.

A significant number of pupils, junior tenants and solicitors have continued to attend the magistrates’ court during lockdown. One pupil alleged she was not told about a client’s Covid-19 symptoms because the cell staff thought she would ‘make a fuss’ about the legal consultation. Meanwhile, court workers say they have not received sufficient training and incidents have been reported of cell staff talking in large groups and hugging each other. Chair of the CBA Caroline Goodwin QC said: ‘The CBA has demanded and been given a seat on the professional working group overseeing the workings of the magistrates’ court. We will push for improvements and safety measures similar to those being considered for the Crown court. The health and wellbeing of all our members will remain our primary consideration moving forward.’

The statement from the CBA can be read here.

The Counter-Terrorism and Sentencing Bill

Terrorists face a minimum of 14 years behind bars for serious offences and tougher monitoring, as a new Bill enters Parliament today (20 May 2020).

Key measures of the Bill include:

• a new ‘Serious Terrorism Sentence’ for dangerous offenders with a 14-year minimum jail term and up to 25 years spent on licence
• ending early release for the most serious offenders who receive Extended Determinate Sentences – instead the whole time will be served in custody
• increasing the maximum penalty from 10 to 14 years for a number of terror offences, including membership of a proscribed organisation
• ensuring a minimum period of 12 months on licence for all terror offenders as well as requiring adult offenders to take polygraph tests
• widening the list of offences that can be classed as terror-related to ensure they carry tougher sentences
• boosting the monitoring and disruption tools available to the security services and counter-terrorism police, by strengthening Terrorism Prevention and Investigation Measures and supporting the use of Serious Crime Prevention Orders in terrorism cases