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14 April 2021
Issue: 7928 / Categories: Legal News , Covid-19 , Criminal , Procedure & practice
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Nightingale courts or remote juries?

Lawyers have called for more Nightingale courts and judicial sitting days to tackle the backlog of cases and urged caution on plans for remote jury trials.

Ministers are considering legislation to give criminal courts more discretionary powers to use live links, after the Coronavirus Act 2020 expires next March. According to the impact assessment document for the Police, Crime, Sentencing and Courts Bill, this could ‘make it possible in the future, for example, for a jury, sitting collectively, to participate in a trial by “live video link” where the court considered this appropriate. Remote participation by a jury would only be considered at the discretion of the trial judge where there is good and sufficient reason to operate in this way’.

In Scotland, remote jury trials have been taking place since September 2020 with jurors watching proceedings from socially distanced seats in a cinema.

Law Society president I Stephanie Boyce said: ‘There would need to be clear evidence of how juries sitting remotely will help to increase capacity to clear the backlogs before such a change is considered.

‘Additionally, more work needs to be done to fully understand the impact remote hearings have on justice outcomes, as the Ministry of Justice and HM Courts and Tribunals Service have acknowledged. Juries being able to sit remotely would also be reliant on the widespread availability of high-quality and extremely reliable technology.

‘Maximising existing court capacity and judicial sitting days and boosting capacity through many more Nightingale courts is the best way of increasing the amount of jury trials that can take place safely.’

Criminal Bar Association chair James Mulholland QC, in this week’s Monday Message for members, said: ‘The focus for the next few months must continue to be the relentless pursuit of more court space for more in person jury trials. It is as simple as that.’

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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