Issue 175  9th January 2021

We have now entered lockdown for the third time. The courts and tribunals must continue to function. The position remains that attendance in person where necessary is permitted under the proposed new regulations. This would include jurors, witnesses, and other professionals, who count as key workers. HMCTS will continue to put in place precautionary measures in accordance with Public Health England and Public Health Wales guidelines to minimise risk. All those attending court must abide by guidance concerning social distancing, hand washing, wearing masks etc. Judges and magistrates will have a role in making sure this happens.In all our jurisdictions work, including jury trials, will continue as it did during the lockdown in November and, after initial hiccups, in the earlier and longer lockdown...

The significant increase in the incidence of COVID-19 coupled with the increase in rates of transmission makes it all the more important that footfall in our courts is kept to a minimum. No participant in legal proceedings should be required by a judge or magistrate to attend court unless it is necessary in the interests of justice. Facilitating remote attendance of all or some of those involved in hearings is the default position in all jurisdictions, whether backed by regulations or not.

No plans are in place to test court users for coronavirus before they attend in-person trials, the government said today, as lawyers claim the criminal justice system cannot function without further safety measures.

HM Courts & Tribunals Service said Covid testing in courts is kept under constant review by the Department for Health and Social Care. However, the current position is that court users such as lawyers, jurors and witnesses will not be tested for the virus before entering the court estate.

A fresh move is under way to make non-fatal strangulation a specific criminal offence in England and Wales, after the House of Lords debated the Domestic Abuse Bill. The government has said it has no plans to change the law, arguing that non-fatal strangulation is already covered by existing legislation. However, campaigners say abusers who use non-fatal strangulation are telling their victims: "I am controlling you and I can kill you" - but too often are charged only with common assault.

Five officers in an elite unit caught making racist, sexist and homophobic remarks have been sacked for their “shameful” conduct.

A covert bug recorded members of Hampshire police’s serious organised crime unit wishing death on foreigners, and an investigation found that part of the office where a black officer worked was called “Africa corner”. Olivia Pinkney, Hampshire’s chief constable, accepted that the disastrous episode had “undermined the trust and confidence of our communities and damaged the reputations of their colleagues”. Six officers were last month found guilty of gross misconduct. A discipline tribunal on Friday ruled that three officers who were still serving should be dismissed without notice. They are DS Oliver Lage, DS Gregory Willcox and PC James Oldfield.

The Cabinet Secretary, with the approval of the Prime Minister, has appointed Antonia Romeo as the new Permanent Secretary to the Ministry of Justice (MoJ).

Commenting on her appointment, Antonia Romeo said: “I am thrilled to be appointed Permanent Secretary at the Ministry of Justice. I have spent the majority of my career in the department, working on its vital agenda of protecting the public and reducing reoffending, ensuring access to justice, and upholding the rule of law. I know first-hand the incredible job that the 75,000 MoJ staff do every day, and I’m looking forward to working with the Lord Chancellor, Ministers and the team on this important work..."