Jury trials to resume in England & Wales

Jury trials will resume in England & Wales next week, with a small number taking place under specially vetted arrangements.

The Lord Chief Justice, Lord Burnett of Maldon, following discussions with the Lord Chancellor, has decided that new jury trials may be started in a few courts in the week beginning 18 May, under special arrangements to maintain the safety of all participants in line with public health guidelines. Adjourned trials may also be resumed where this can be done safely.

Since jury trials were suspended on 23 March due to the coronavirus lockdown, intensive work has been undertaken through the Jury Trials Working Group chaired by Mr Justice Edis to establish ways in which they might restart safely. The Coronavirus Regulations allow participants in criminal trials to travel from home to court.

The first courts in which new juries can be sworn will include the Central Criminal Court at the Old Bailey in London and Cardiff Crown Court. Arrangements to allow appropriate distancing to be maintained at all times include providing a second courtroom, linked by closed circuit TV, to enable reporters and others to watch the proceedings, and another courtroom to use for jury deliberations. Courts staff will ensure that entrances and exits are carefully supervised, and that all necessary cleaning takes place.

Trials will be conducted under the same legal standards and procedures as before the COVID-19 emergency, with the usual 12 jurors. 

Public Health England and Public Health Wales have been involved in the detailed arrangements following recommendations from the working group, which has representatives from across the legal profession and the criminal justice system.

Small numbers of trials are expected to take place initially. Further courts around the country are being assessed against criteria developed by the working group so that the number of cases heard can be gradually increased when safe to do so.

Lord Burnett commented: “It is important that the administration of justice continues to function whenever it is possible in an environment which is consistent with the safety of all those involved.”

In Scotland the Government is still considering how to proceed, following a consultation on options to allow solemn trials to resume.