Lawyers Call for Pause of Non-Custody Court Cases

The Law Society has called for a fortnight-long moratorium on non-custody court cases.

The Society, which represents solicitors in England and Wales, has written to the Senior Presiding Judge, The Rt Hon Lady Justice Thirlwall DBE, and Her Majesty's Courts and Tribunals Service (HMCTS) to express serious concerns about the health and well-being of its members and other court users.

The Society's letter comes on the back of significant coronavirus outbreaks at dozens of court sites, as listed in this recent Ministerial response. Concerns have been heightened as a result of the rapid spread of a more virulent strain of the virus.

David Greene, president of the Society, said: "Throughout the pandemic the Law Society has maintained that it is essential for justice to continue to be delivered.

"However, the safety of both court users and those who work within the justice system is of the utmost importance, especially given the new more easily transmissible coronavirus variant.

"Since the third national lockdown was announced we have received a significant amount of feedback from our members expressing serious concerns about the safety of court buildings, despite assurances from HMCTS that they are COVID-secure for the new variant.

"To date we have welcomed the steps the government has taken to make court and tribunal buildings as safe as possible, however government figures showing a record daily reported 1,564 new fatalities and 47,525 new infections cannot be ignored. By its nature, unless remotely accessed, the court process throws people together in limited space.

"Due to the rapid acceleration of transmission and the ever-increasing pressures on the NHS, we are now in a position where urgent action within the courts must be taken in order to ensure safety and to assist in the process of stemming the rate of infections and in ensuring that the NHS does not become overwhelmed."

The Society has suggested that there should be fortnight-long break in all non-custody cases before the Crown Court and Magistrates' Courts. It has also suggested that those urgent cases that are listed should be dealt with remotely via video link.

Mr Greene highlighted the problems caused by police withdrawing provision for virtual remand hearings, saying that additional funding should be provided to allow those hearings to continue.