Coronavirus: Jury trials to resume next week in England and Wales under social distancing rules

Jury trials are to resume in some parts of England and Wales for the first time since the start of the coronavirus lockdown, it has been announced.

The lord chief justice said a small number of new trials would start next week “under special arrangements to maintain the safety of all participants and the jury”.

Proceedings will be spread between two courtrooms so parties to the trial, journalists and the public can keep the distance specified by public health recommendations.

Jurors will be able to use a court to deliberate, rather than the smaller rooms used previously.

Both the lord chief justice and justice secretary previously gave their support to cutting jury numbers to a minimum of seven to allow social distancing.

But on Monday, they confirmed that trials “will be conducted under the same legal standards and procedures as before the Covid-19 emergency, with 12 jurors”.

It follows discussions by a working group chaired by Mr Justice Edis on how trials, which were suspended on 23 March, could safely resume.

Half the courts in England and Wales are currently shut and magistrates are only hearing urgent matters, sparking concerns over a mounting backlog.

There are currently more than 35,600 outstanding crown court cases. The pandemic sparked new Crown Prosecution Service (CPS) guidance suggesting that fewer suspects would be charged.

As many hearings as possible have been conducted remotely, despite concerns over the impact on defendants and justice outcomes.

Last week Chris Philp, the justice minister, said 85 per cent of hearings were taking place “principally by audio or video”.

But with many trials delayed indefinitely, there were concerns that victims could drop out of rape cases and other sensitive trials because of the additional stress and uncertainty caused.

New trials will start from 18 May, and adjourned proceedings are expected to be resumed where possible in line with advice from Public Health England.

The first courts in which juries can be sworn will include London’s Old Bailey and Cardiff Crown Court.

A judicial spokesperson said “small numbers of trials are expected to take place initially” while further courts are assessed against new criteria.

The lord chief justice, Lord Burnett of Maldon, said: “It is important that the administration of justice continues to function whenever it is possible in an environment which is consistent with the safety of all those involved.”

Robert Buckland, the justice secretary, said: “I am extremely grateful to the lord chief justice, the wider judiciary, legal professions, court staff and colleagues from across the criminal justice system for their determination and resolve in the discussions to get us to this point.

“Coming together in that spirit of collaboration will ensure that justice can continue to be done in a way that is safe for all court users.”

The announcement came after Boris Johnson addressed the nation on how lockdown restrictions would be relaxed.

Coronavirus laws, which will be updated on Wednesday, make public gatherings and leaving home “without reasonable excuse” illegal but attending legal proceedings are an exemption.

David Lammy, Labour’s shadow justice secretary, called for the Ministry of Justice to utilise empty public buildings such as university lecture halls, schools and leisure centres for trials.

“During the crisis, as in normal times, jury trials must be accessible to the public,” he added.

”If it is not possible for the public to attend jury trials that are usually publicly observable, they should be streamed online.”

The Criminal Bar Association said: “Safety must be secured for everyone ... so that justice can be delivered with full transparency”.

Chair Caroline Goodwin QC said: “The crown court backlog had arisen months before Covid-19 reared its head.

“With a total crown court case load of over 107,000 cases last year, the Criminal Bar shares the judiciary’s concerns as to how to address the growing backlog safely, so that the hundreds of thousands of people involved in cases left in limbo, are not left waiting in uncertainty any longer.”

Amanda Pinto QC, chair of the Bar Council, which represents 18,000 barristers in England and Wales, said: “It is very encouraging to see that jury trials will start up again from mid-May. Jury trials are essential to our criminal justice system and to the rule of law.”

Simon Davis, president of the Law Society, said: “We must avoid a rush to open courts where it is not yet possible to ensure adequate safety and the right protections.”