Covid-19: Law Society requests two-week suspension of trials

updated on 18 January 2021

The Law Society has requested a two-week break for non-custody cases as concerns about the health and safety of court users emerge.

Solicitors are “very anxious” about their safety following a rise in covid-19 cases, according to the Law Society.

The Labour Party revealed the outcome of a parliamentary question, which indicated that during the period from 24 November to 11 January, around 600 courts users, judges and staff tested positive for covid-19. Meanwhile, there were five positive covid-19 cases among magistrates’ court staff in Cardiff during the same period, and Port Talbot Justice Centre reported 11 positive cases, which is among the highest figures for that period in any court in England and Wales.

Despite a spokesperson for the HM Courts and Tribunals Service (HMCTS) stating that courts are “covid-secure”, the Law Society outlined its fears regarding the virus and the new variant in a letter to the HMCTS.

President of the Law Society David Greene said: “Throughout the pandemic the Law Society has maintained that it is essential for justice to continue to be delivered. However, the safety of both court users and those who work within the justice system is of the utmost importance, especially given the new more easily transmissible coronavirus variant. 

“Since the third national lockdown was announced we have received a significant amount of feedback from our members expressing serious concerns about the safety of court buildings, despite assurances from HMCTS that they are covid-secure for the new variant.”

“Due to the rapid acceleration of transmission and the ever-increasing pressures on the NHS, we are now in a position where urgent action within the courts must be taken in order to ensure safety and to assist in the process of stemming the rate of infections and in ensuring that the NHS does not become overwhelmed.”

As well as a call to suspend all Crown court and magistrates’ court non-custody work for two weeks, the Law Society also proposed moving to video by default.

“We believe the measures we propose represent the least bad option for ensuring that courts can continue to operate safely”, Greene added.