Suspects should be tried by a judge and two lay magistrates rather than juries to allow for social-distancing as Crown courts tackle backlog of 41,000 cases, says Lord Chief Justice
- Lord Burnett said the new arrangement could come in for less serious offences
- He said involvement of magistrates would maintain public involvement in justice
- Judges are struggling to shift a huge backlog of cases stemming from lockdown
Suspects could be tried by a judge and two lay magistrates rather than juries to tackle the backlog of 41,000 Crown court cases, England’s most senior judge said today.
Lord Burnett, the Lord Chief Justice, said those accused of offences like burglary and less-serious assaults could be covered by the new arrangement to allow smaller courts that cannot accommodate a socially-distanced jury to open.
He told BBC Radio 4’s Law In Action: ‘The disposal of either-way trials in the Crown Court by a judge sitting with two magistrates would retain the lay public involvement in trials but give rise to none of the difficulties of social distancing that are attached to having a jury involved in a trial.’
Judges and magistrates must consider how the coronavirus crisis is affecting conditions in prisons when deciding whether to jail offenders, Lord Burnett has said
The first jury trials since the lockdown got underway last month after courts were rearranged to accommodate social distancing, but Lord Burnett believes a new approach is needed if judges are to have any hope of clearing the huge backlog.
Sittings at many smaller court centres have been suspended since March, although several will reopen this week, including Durham Crown Court and the Moot Hall in Newcastle.
New arrangements that see trials at some courts taking place over three room to ensure participants stay six feet apart has also reduced the number of trials that can take place.
Jurors, senior barristers and the judge occupy the main courtroom, with an overflow court for the press, public, junior barristers and police, and a third court for jury retirement.
Last month, police were told to utilise out of court methods such as community service to try and clear a backlog of court cases caused by coronavirus amid fears thousands of cases could be blocked.
On May 18, jurors wore masks at the Old Bailey as a doctor became the first defendant to go on trial in the pandemic.
On May 18, jurors wore masks at the Old Bailey as a doctor became the first defendant to go on trial in the pandemic
Dr Mohammad Tahir was charged with causing the death by careless driving of a motorcyclist on the Embankment at Chelsea, west London, in 2017.
Before being sworn in, Judge Richard Marks QC broke with tradition and used a microphone to address 27 potential jurors in the hallway outside the court.
The judge, who is Common Sergeant of London, told them: ‘We are living, are we not, in very challenging times and it would be remiss of me not to address your concerns during the pandemic.’
Jurors heard how the building had been thoroughly cleaned and inspected before they arrived. None of the jurors raised any objections.
Other new trials also began at Cardiff, Bristol and Manchester Minshull Street Crown Courts.