Coronavirus: Criminal trials could allow a minimum jury size of seven
Since the coronavirus pandemic, 85% of hearings in the UK have taken place remotely, which is causing "a lot of issues".
Monday 4 May 2020 14:04, UK
Justice minister Chris Philp has told the Justice Select Committee that the government could consider allowing a minimum jury size of seven in criminal trials.
He said there is "no question" of jury trials being stopped, but added that "if we have further emergency legislation from coronavirus, which is far from certain, in fact it's probably less likely than likely, we might consider having a minimum jury size of seven rather than nine as it currently is."
He also confirmed that around half the usual number of hearings are taking place.
Mr Philp said that on average before coronavirus, 8,320 hearings - including civil, family tribunals and criminal hearings - took place a day, compared to 4,066 on the 27 April. 85% of hearings during the pandemic have taken place remotely.
He added he was "proud" that the judicial system has continued to function "at a level", adding that in most European countries the court system has "closed down completely".
Ellie Cumbo, head of public law at the Law Society, told the hearing that she would prefer if cases involving witnesses didn't go ahead.
She said that it is difficult for witnesses' needs to be "properly understood" when they are heard by video link.
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She said: "Witnesses are not able to give their best evidence if they are not confident, either about the technology or because of a disjointed hearing."
Concerns were also raised about care proceedings being carried out remotely.
Elspeth Thomson, co-chair of Resolution's Legal Aid Committee, said: "There are a lot of issues with remote hearings, particularly with parents in care proceedings who's only device to access it is a mobile phone, sometimes a cracked mobile phone at home.
"They're trying to access court bundles, sometimes they can't do that on a phone…
"In my view, the way that we need to move forward is some sort of hybrid system, that has to focus on what the lay parties can do, particularly for parents in care proceedings."
The committee was also warned about the detrimental impact COVID-19 is having on the legal profession.
Bill Waddington , chairman at the Criminal Law Solicitors Association, said that the pandemic is "a long term, ongoing, dramatic, perilous situation for the high street criminal legal aid practitioner".
John Bache, national chairman at the Magistrates Association, suggested that magistrates retirement age be delayed to deal with the "backlog" of cases because of COVID-19.
He said: "The retirement age needs to be thought about very carefully because at the moment magistrates are being made to retire at 70 and there's going to be a huge loss of very experienced magistrates who are able to give a lot of time and if they're not going to be available then the backlog is going to be even longer than it is already."
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