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10 June 2020 / Dr Jon Robins
Issue: 7890 / Categories: Features , Criminal , Covid-19
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The jury’s out?

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Jon Robins examines the potentially damaging impact of the COVID-19 crisis on jury trials

Is nothing safe beyond the insidious reach of the COVID-19 pandemic? Last month we learned our right to trial by jury (‘The lamp that shows that freedom lives’, to use the well-worn Lord Devlin quote) could be trimmed for the first time since the Old Bailey was being pummelled during the Blitz.

Has the coronavirus changed the justice system forever? asked a recent headline in The Observer. The presumption of innocence was ‘an indispensable feature of our society’ and the jury its ‘lifeblood’, wrote Jeremy Dein QC in the letters pages of the same paper. ‘It must not become another victim of this crisis.’

That twelve good men (and women) and true be hemmed in, side-by-side, on their narrow benches for weeks on end before being confined to a wood-panelled jury room for deliberations is neither a practical nor tempting prospect in the age of coronavirus. So Lord Burnett, head of judiciary in England and Wales, is considering ‘radical measures’ including cutting the

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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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