England: Lord Chief Justice halts new jury trials

No new jury trials or physical hearings will commence in the Crown Court, the Lord Chief Justice has announced in a statement intended to “provide some clarity for the coming few days”.

Lord Burnett of Maldon said: “My unequivocal position is that no jury trials or other physical hearings can take place unless it is safe for them to do so. A particular concern is to ensure social distancing in court and in the court building.”

He added: “Jurors summoned for this week are being contacted to ask them to remain at home, and contact the court they are due to attend. They will only be asked to come in for trials where specific arrangements to ensure safety have been put in place. In some cases, this may mean that jurors may be called in to start a new trial later on Monday. All hearings in the Crown Court that can lawfully take place remotely should do so and other hearings not involving a jury should continue if suitable arrangements can be made to ensure distancing.”

The judge said efforts to bring existing trials to a conclusion should continue.

“Social distancing in accordance with PHE guidelines must be in place at all times and at all places within the court building. Considerable imagination and flexibility may be needed to achieve that. This is already happening in some Crown Courts. HMCTS will continue to work to ensure that safety measures are in place in all parts of the court building in which trials are already taking place. The basic hygiene arrangements urged upon us by the Prime Minister must be available. Resident judges, with HMCTS staff, will determine whether a trial can safely be continued,” he said.

See all of SLN’s latest COVID-19 updates here.

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