Jurors to hear cases virtually in new police bill

For the first time, juries will be allowed to hear cases remotely in England and Wales due to the rising backlog of trials. The Ministry of Justice (MoJ) has announced plans to change the law to allow juries to hear criminal cases via a video link from another “socially distanced” venue, echoing changes already made in Scotland where juries have been able to hear evidence and give their verdict on cases remotely from a cinema.

The latest court backlog figures from the MoJ show a rise of 47% since the beginning of the pandemic to 57,625. Over the past year, we have also seen backing from both the public and justice secretary for remote trials and juries in order to tackle the vast number of cases at a time when traditional court settings could prove dangerous.

Other measures introduced to curb the disruption caused by covid-19 include new Nightingale courts, with some 60 pledged by the government, a 40-fold increase in the use of remote non-jury hearings, an extra 1,600 court staff and on-site safety precautions (eg, plexiglass screens). Thinktank and charity Justice have been undertaking mock virtual trials to identify the best way to conduct remote trials, concluding that a physical jury hub watching via video uplink was the most successful.

However, this is not to say that all jurors will hear trials virtually during the pandemic or beyond. An MoJ impact assessment said: “Remote participation by a jury would only be considered at the discretion of the trial judge where there is good and sufficient reason to operate in this way”. The proportion of trials conducted in this way therefore remains to be seen.