COVID-19 & The Bar: Do barristers have to go to court?
Kathryn Sheridan
People in the UK will only be allowed to leave their home for the following reasons-
In our previous blog, we explored how guidance issued by the Lord Chief Justice on Monday would impact on criminal trials and in particular, whether barristers would have to continue attending court. The effect of that guidance was that no new jury trials would start until specific arrangements had been put in place to ensure safety. For those halfway through a trial, it may continue provided the Resident Judge is satisfied measures are in place to ensure that trial can continue safely. All other hearings in the Crown Court that can lawfully take place remotely should do so.
The short answer is ‘yes’.
In guidance published yesterday the Bar Council has advised:
This marks a subtle shift from Monday’s position as now, all other hearings in the Crown Court (excluding part-heard jury trials) will not take place in person.
In guidance issued for the Magistrates Court, the Bar Council has advised you should not attend in person unless you are involved in ‘urgent work’ which is classified as follows-
Guidance for Crown Court Judges in reducing the spread of COVID-19 was published on Tuesday. The focus of that guidance, as you might expect, was on how to ensure social distancing in a trial environment. The key headlines of that guidance are-
Although no formal, similar guidance on social distancing has been issued for the Magistrates Courts, we presume the same principles apply.
It is too early to know whether these measures will work in practice. In particular, there is the logistical difficulty of fitting twelve jurors 2m apart in court; not to mention the fact that the majority of jury retiring rooms aren’t big enough to allow 12 jurors to sit 2m apart. In spite of the judiciary’s best efforts, we can expect to see a number of trials being adjourned on account of not being able to implement these measures effectively.
Kathryn Sheridan is a barrister in the Regulatory team. She is an experienced regulatory and criminal law advocate.
Julie Norris is a Partner in the Regulatory department and specialises in advising in the health, professional services, legal and financial fields.
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Kathryn Sheridan
Julie Matheson
Jessica Clay
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