CRIME AND CORONOVIRUS

In response to the Coronavirus pandemic many people are asking how the courts and particularly

the criminal courts are coping.

The first thing to know is that police are still investigating crimes and still making arrests. If a person

is arrested that person will be taken to a custody area at a police station. The person will still have all

their usual legal rights. These rights include having free and independent legal advice. Solicitors are

still attending police stations at personal risk to themselves, however increasingly it is technology to

the rescue and there is increased use of video links.

In the Magistrates Court when all cases go in the first place these courts are hearing only urgent

applications. Those applications are usually applications for people to be bailed and applications for

custody time limits to be extended. As much work as possible is being done by video link and

telephone hearings.

The magistrates courts are going to shortly attempt to process road traffic cases and undertake “

urgent “ summary trials. Cases which involve public health issues in particular people spreading

Coronavirus or attempting to by spitting at others or damaging goods will be regarded as urgent.

In the Crown Court at present all jury trials are postponed. There was already a significant backlog of

cases. There is discussion about whether or not jury trials case take place remotely by video link but

that raises a number of concerns in relation to fair trials. It is likely to be some months before these

trials can take place but they will take place. It is likely the courts will have more working days and

more part time Judges will be brought in to try the cases.

Sentencing hearings, pretrial hearing and other applications are being done, in the main, over the

telephone, over the video link and also using skype.

The Coronavirus Act 2020 has given the courts additional powers in relation to the use of

technology.

Notwithstanding the postponement of jury trials the police are still investigating crime and making

arrests, the courts are still processing cases and where people are being detained in custody if that

is appropriate to their case or released on bail.

So to reassure people you should know that although there are obvious problems but those engaged

in all aspects of criminal law are working hard to ensure there is no break down in law and order but

that the rights of the accused remain in place.

LESLEY MANLEY ( YOUNG)

CHURCHCOURT CHAMBERS

L.Manley@churchcourtchambers.co.uk