Issue 162  3rd October 2020

'Latest court sites listed to resume jury trials'

Following rigorous health and safety assessments, three Crown Court sites are listed to resume jury trials. Burnley Combined Court Centre (5 October 2020), Isle of Wight Combined Court – Newport (5 October 2020) and Lewes Combined Court (7 October 2020). This will bring the total number of Crown Court sites to 77. Jury trials are also being heard in four Nightingale Courts and two other existing court locations.

New Nightingale Court for Crime - Salford Lowry Theatre

HMCTS is using additional venues to provide increased estates capacity in response to the coronavirus outbreak. These venues have been referred to as ‘Nightingale courts’. They will be used on a temporary basis to ensure as many hearings as possible can continue to take place during the coronavirus outbreak. This page shows the sites that are open and will be updated and published as new sites become operational.

Salford Lowry Theatre - Non-custodial Crown Court work... from Manchester Crown Court... Opening date Monday 28 September 2020

'MPs call for stricter safeguards for private prosecutions'

Private prosecutions should be subject to more effective safeguards so that defendants receive a fair trial and do not pay excessive costs, MPs have recommended. Following the scandal over the Post Office’s misguided criminalisation of scores of its sub-postmasters, the justice select committee has warned of the danger where an “alleged victim in a case is also the investigator and the prosecutor”.

Without central records, the report cautions, there is no way of confirming what it suspects is a sharp rise in prosecutions launched by individuals, companies and organisations such as the RSPCA. Legal aid costs, however, show that in 2014-15 a total of £360,000 was paid out of central funds for private prosecutions in 32 cases. By 2019-20 the costs had risen to nearly £12.3m in 276 cases.

'Criminal lawyers vote overwhelmingly against extended operating hours'

Female lawyers have highlighted the devastating impact that extending court operating hours will have on their health, work-life balance and careers. Nearly 500 solicitors and barristers responded to the Women in Criminal Law’s survey on the impact of extended operating hours, which are being introduced by HM Courts & Tribunals Service to ease pressure on the justice system caused by Covid-19. Of the 311 respondents who indicated their views on extended operating hours (EOH), 88% said they were against it; 3.9% were in favour. Nearly three-quarters of the respondents were women. The biggest reasons for opposing extended operating hours were the impact on childcare and caring arrangements, and the impact on work-life balance.

'CPS inspectors identify significant room for improvement'

The public can be confident that the Crown Prosecution Service is making correct charging decisions - but less so on whether those decisions are being adequately thought through and promptly, inspectors reveal today. HM Crown Prosecution Service Inspectorate decided to examine the quality and timeliness of charging decisions after the CPS returned responsibility for the majority of charging decisions from CPS Direct, a 24-hour national service, to 14 CPS regional areas. The intention was to address a backlog of cases that was causing tension between CPS Direct and the police.

HM chief inspector Kevin McGinty said: ‘There has been a marked improvement in getting the charge right at the outset, which is important, but there is significant room for improvement in respect of the quality of prosecutors’ legal analysis and the timeliness of their decision making.’ To make the most effective use of finite resources, HMCPSI says prosecutors should apply their mind to all relevant considerations at the pre-charge stage to ensure sound charging decisions are made, that the prosecution case is clear from the outset and that the trial strategy is set where a suspect is to be charged. Case files provided by the police must meet a national file standard.

The report can be found here.