"Why are they still appearing by videolink?", asked a member of court staff, of barristers in a sentencing hearing.

"A lot of people are getting sick", replied her colleague.

"Maybe they just don't want to come anymore", said the first.
At first, I was annoyed to hear this kind of comment, as if caution & safety measures should be set aside simply because the pandemic has been going on for a while.

Covid-19 cases are rising sharply, shouldn't remote solutions be preferred - if possible - as winter approaches?
A top judge the other day said: "We've now reached a stage in the playing out of the pandemic when it is possible to contemplate a gradual increase in the volume of cases that are heard in person in
court".

It might be 'possible' but is that kind of sweeping approach sensible?
I didn't agree with the staff member's judgment, but there was a hint of a good point being made in there:

What are good reasons for joining a court hearing remotely? What does - and doesn't - justify the deployment of the CVP videolink system?
Judges seem to have basically been left to make their own minds up, creating a very uneven approach from court to court.

I'm intensely grateful for the embrace of CVP by the courts I cover, but find myself occasionally bewildered when a request is turned down, without a reason.
Doesn't there need to be a national protocol for remote courts, now and more importantly in the future?

When the pandemic and health aren't reasons for not attending in- person, everyone is going to need some idea how and why decisions on remote attendance are being made.

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More from @kirkkorner

21 Oct
Thousands of court hearings per year are set to be moved behind-closed-doors, under govt plans before Parliament at the moment.

The Judicial Review & Courts Bill would reduce open hearings to private messages between lawyers and the court, in a hefty assault on #OpenJustice
The plan is to allow magistrates court hearings involving the allocation of 'either way' offences to be dealt with administratively.

In 2019, 37,539 defendants were sent for or elected jury trial. Under the proposals, their first appearances in court could have been axed.
The new plans are summarised on the second page, here: assets.publishing.service.gov.uk/government/upl…
Read 18 tweets
30 Sep
These are some of the words offered in mitigation for PC Wayne Couzens, as he faces sentencing for the murder of Sarah Everard.

His barrister argued that a life sentence, but not a whole life sentence, should be imposed, and Couzens is likely to die in prison either way.
"He makes no excuses for his actions, he accepts he will receive and deserves a severe punishment.
“No right-minded person reading the papers or listening to the statements read out by the Everard family could feel anything other than revulsion for what he did.
"He doesn't seek to make excuses for anything he did. He is filled with self-loathing and abject shame and he should be.
There is little mitigation and deserves and expects nothing less than a life sentence."
Read 5 tweets
29 Sep
The Met Police officer who kidnapped and murdered Sarah Everard used Covid-19 laws to carry out a bogus arrest of the 33yo, the Old Bailey has heard.

He was carrying an array of police equipment and posing as an undercover cop when he handcuffed and captured her.
PC Wayne Couzens, an officer who was heavily in debt and contemplating leaving the Met, had made preparations for the crimes he was about to commit, including buying a spare key for his handcuffs.

Sarah Everard was walking home from dinner with a friend when she was kidnapped.
Read 16 tweets
21 Jul
The Judicial Review and Courts Bill poses a massive threat to #openjustice particularly coverage of magistrates court proceedings.

You wouldn't know it from the official press release, relegating these changes to "a range of other courts measures" in the footnotes.
What is being proposed will be music to the ears of defendants who'd rather no one knew they've been accused of a crime

Don't fancy appearing in open court hearing to face the charge, indicate a plea, and for the case to be sent to the crown court? No problem, that's all covered
The new Bill, if passed, allows for:
- indications of plea to be given in writing
- allocation of trial to magistrate or crown courts to be done administratively
- committals to crown court without a hearing, if guilty plea indicated.
Read 10 tweets
22 Jan
HMCTS will answer questions raised at its court safety webinar by the end of next week (Jan 29).
Many questions on ventilation, cleaning, listing policy, remote hearings, remote juries have been raised.

Also some personal experiences shared:
QC says: I'm currently involved in a murder trial where there are approx 30 people in a courtroom with no fresh air. Is that considered safe in respect of the transmission of Covid 19?

Answer: Ventilation is a red line...if as reported that would not be compliant with standards.
Q: This all sounds very good but the reality is these measures are not adhered to. There is no sanction for refusal to wear masks at court. Should judges treat an unjustified refusal it as a contempt?

A: Security guards at courts have powers to enforce rules
Read 18 tweets
9 Dec 20
Lockdown breach prosecutions are largely done behind closed doors in London. Most people don't know they're happening. The public aren't told about them.

I've looked into the case of three men & a woman caught having beers together in the park on April 18 to shed a bit of light.
First off, these are Single Justice Procedure cases dealt with on the papers alone. No open hearing, no prosecutor, no defence lawyer, just a magistrate & legal advisor using the documents put in front of them to take decisions.
These four people were spotted by police in Brent Park on April 18, drinking beer in a 'den' at a time when everyone had to stay at home unless you had a reasonable excuse to be out and about.

There's nothing to suggest these people weren't in breach of the coronavirus laws.
Read 15 tweets

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