Verdicts via video jury

For the first time in England and Wales, juries are to be allowed to hear cases remotely as the backlog of trials rose to a record 57,000.

 

The Ministry of Justice (MoJ) is to change the law to allow criminal courts to allow jurors to hear cases via a video link from another "socially distanced" venue. The move is seen as a "last resort" measure if other tactics fail to bring down the soaring backlog of crown court cases. It has already proved effective in Scotland where juries have been able to hear evidence and give their verdict on cases remotely from a cinema.

 

MoJ figures yesterday showed the crown court backlog has risen to 57,625, an increase of 47 per cent since the beginning of the pandemic, overtaking the previous high of 55,000 in 2015. It has led to concerns that cases are being delayed for as long as three years, with some scheduled to be heard in 2023.

 

As part of a £113 million programme to reduce the pandemic-induced backlog, about 60 temporary "Nightingale" courtrooms will be up and running by mid-April. Other measures include an extra 1,600 court staff, on-site safety precautions such as plexiglass screens, and a 40-fold increase in the use of remote non-jury hearings.

 

An MoJ impact assessment of the expansion of virtual technology said it could be used to "give the courts more flexibility around when and how live links can be used now and in the future as technology develops".

 

The impact assessment asserts that juries could be in another room of the courthouse where the trial is being held, or even in a different building entirely. It added, "This would 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."

 

Chair of the Criminal Bar Association, James Mulholland QC, warned that the courts system is at a "tipping point" and that it may not be able to reverse the growing backlog without further measures.

 

He called for an even bigger expansion of "Nightingale" courts and for the Government to increase by 50 per cent the number of crown court "sitting days" that it will fund. "We need more remote hearings for administrative proceedings provided there is no prejudice to justice by the legal representatives and defendant being absent from the courtroom, in order to maintain the priority of physical court room capacity for the holding of in-person jury trials," he said.

 

Further comment was made that, "These simple, affordable solutions will ensure timely justice for the many members of the public compelled to travel through our courts as complainants, victims and witnesses or those accused of crime and individuals abandoned for years while the criminal proceedings in which they are involved are left in limbo."

 

 

 

The Johnson Partnership

Nottingham Solicitors