Most English Courts To Close Over Coronavirus Concerns

By Bonnie Eslinger
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Law360, London (March 27, 2020, 4:49 PM GMT) -- The work of the English courts and tribunals will be temporarily consolidated into fewer buildings to help "maintain a core justice system" during the COVID-19 pandemic, the Ministry of Justice announced Friday.

Going forward, just 157 court and tribunal buildings will be open for face-to-face hearings, representing 42% of the 370 crown, magistrates, county and family courts and tribunals across England and Wales, according to the government.

The changes, made in partnership with Her Majesty's Courts and Tribunal Service and the judiciary, "will help maintain a core justice system focused on the most essential cases," the government said.

"They will also ensure effective social distancing for all court users and for cleaning and security work to be focused on fewer buildings," the ministry said.

The court system has also increased its capacity for phone and video hearings, the government said.

Robert Buckland, the secretary of state for justice, said it was vital to keep the courts running during this unprecedented time.

"This will only be done while ensuring the safety of the public, judges, legal professionals, staff and all those attending hearings," Buckland said in a statement.

Chief Justice Ian Burnett said the temporary adjustments, including the increased use of technology to conduct some hearings remotely, will help ensure the work of the courts continues, while safeguarding the well-being of those who come into the buildings.

"An extraordinary amount of hard work has gone into keeping our justice system functioning. Technology is being used creatively to ensure that many cases can continue," Justice Burnett said. "Not everything can be dealt with remotely and so we need to maintain functioning courts."

Media and members of the public may be able to attend court hearings in person, according to Friday's announcement. In situations where this is not possible, they may be able to attend a hearing remotely or receive a transcript afterwards, the announcement said.

An additional 124 court and tribunal buildings will remain closed to the public but open to HM Courts and Tribunal staff, the judiciary and those from other agencies, the government added.

The measures go into effect Monday.

HM Courts and Tribunals Service previously announced that magistrates' courts would hear only urgent cases, telling parties involved in all other cases not to attend court.

An update released by the Bar Council, which represents barristers in England and Wales, said urgent cases include all overnight custody cases from police stations, including arrest warrants and breach of bail cases, and extradition hearings.

On March 23, the head of the judiciary said all jury trials in England and Wales would be temporarily suspended until they can be held safely, building on an earlier decision to only permit jury trials that lasted up to three days.

The Ministry of Justice had previously insisted courts would be kept open despite the government advising citizens to work from home and avoid socializing to stem the spread of COVID-19, particularly in London.

But in guidance issued  on March 19, civil and family court judges were told the "default position" now is that hearings should be conducted with one or more participants attending remotely.

On Tuesday, Britain's Supreme Court conducted a case entirely by video link for the first time in its history, after deciding to close its building to the public.

--Additional reporting by Richard Crump. Editing by Marygrace Murphy.

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