England to follow Scotland’s lead on remote jury centres

England to follow Scotland’s lead on remote jury centres

Authorities south of the border are to follow Scotland’s lead and open remote jury centres.

The Ministry of Justice (MoJ) will seek a change in the law to allow courts to use venues to host remote jury centres.

The news comes as the backlog of trials rose to a record 57,000.

Figures released by the MoJ showed that the Crown Court backlog has risen by 47 per cent since the start of the pandemic – to 57,625. The previous highest figure was 55,000 in 2015.

By the end of the next week, about 60 Nightingale courtrooms will have been established as part of a £113 million programme to address the backlog.

An MoJ impact assessment of using 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”.

“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.”

James Mulholland QC, chair of the Criminal Bar Association, said the court system was at a “tipping point” and called for an even greater expansion of Nightingale courts.

“We need more remote hearings for administrative proceedings provided there is no prejudice to justice by legal representatives and defendants being absent from the courtroom, in order to maintain the priority of physical courtroom capacity for the holding of in-person jury trials,” he added.

“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 – individuals abandoned for years whilst the criminal proceedings in which they are involved are left in limbo.”

A Ministry of Justice spokesman said: “These laws will replace the emergency measures that allowed the rapid rollout of remote technology to keep justice running throughout the pandemic.

“While there is no immediate plan to introduce remote juries, these measures will give courts the flexibility to make the best use of remote technology in future.”

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