UK lawyers counsel against ‘virtual hearings’ to tackle backlog of cases

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By LE Desk

London, April 10: Criminal lawyers and a former supreme court justice in the UK have raised concerns over plans for juries to hear cases remotely, after the Ministry of Justice (MoJ) suggested it could help keep backed up courts running through the pandemic.

The proposal, a part of the government’s wide-ranging and contentious police, crime, sentencing and courts bill, would modify and make permanent the temporary provisions included in the Coronavirus Act that extended the use of video links in courts, the Guardian reported.

It comes amid a record backlog of crown court cases worsened by court closures during the pandemic. Data published on Thursday showed that the number of cases waiting to be heard had reached 57,625, up 47% since the pandemic began.

According to an impact assessment of the proposed changes prepared by the MoJ, they “will give the criminal courts greater flexibility … This might mean that they could, for example, in the future arrange for a jury, sitting collectively in another room in the court or another building, to participate in a trial by live link” or even “fully virtual hearings” the risk assessment says.

The MoJ suggested that such changes could reduce pressure on the courts estate, allowing prosecutors to virtually attend a number of hearings at different courts in a single day, and increasing the “accessibility of the justice system” to court users.

The MoJ identified no specific risks to the plan. But Jonathan Sumption, a former supreme court justice, was among lawyers who raised concerns. “Voice is only part of the process of communication between humans,” Lord Sumption said. “Expression, atmosphere and manner count for more than we realise, and they are only partly conveyed by remote video.”

Sumption called for criminal trials to resume in person, noting that half the population was now vaccinated against coronavirus.

His concerns were echoed by solicitors who specialise in criminal law. Raj Chada, a partner at Hodge Jones & Allen, said remote juries would not be able to detect “nuances and body language” of witnesses.

“This is especially important when your peers are meant to be trying you, and deciding on your guilt and innocence. This is a very much a second choice solution, to cover up the scandal of the MoJ selling off swathes of courts and not even maximising the courts that still exist.”

Kate Goold, a partner at Bindmans, said remote juries could erode faith in criminal trials if they are not conducted with “the formality and oversight that a judge can properly give when a trial is being conducted in their presence”. She said: “The judge will also have no ability to establish what is happening around the juror or if they are using their phones or social media. The risk of contamination of the trial process is too great.”

The MoJ said there was no immediate plan to introduce remote juries. A spokesperson said: “These laws will replace the emergency measures that allowed the rapid rollout of remote technology to keep justice running throughout the pandemic.”

https://www.theguardian.com/law/2021/apr/10/lawyers-counsel-against-virtual-hearings-to-tackle-backlog-of-cases

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