Law Society voices remote jury concerns

The Law Society has expressed its ‘wide ranging’ concerns with remote juries in the justice system, including the “risk of alienating juries and/or witnesses.” These concerns follow civil court users having described remote hearings as “fragmented” and demanding improvements.

In a joint statement with the Bar Council, the Law Society warned that remote juries could jeopardise the “security of proceedings (both in terms of the privacy of the process and individuals and data privacy.” The Law Gazette has reported other pressing concerns regarding remote juries, such as the “additional expense to the taxpayer” and the “requirement of new technology and IT systems.”

With a huge backlog of covid-induced cases pushing the strained crown court commentators such as Simon Jenkins and a future trainee solicitor would argue that now is the right time to overhaul the archaic system of trial by jury.

However, the representative bodies remain in favour of in-person hearings, arguing that the way jurors “interpret body language and facial expressions can be key in a trial and it is simply not known what impact hearing a trial remotely would have in this area.”

Rather than accept that jury trials are a thing of the past, representative bodies state it would be far better if the government provide “more appropriate facilities to enable criminal trials to take place in one properly equipped room.” The representative bodies aren’t the only ones against virtual juries, last year the Law360 published an opinion piece by experts on why a remote jury might be a bad idea. The article echoed some of the Law Society’s concerns, such as the absence of valuable nonverbal communication and the judge’s inability to maintain control over a virtual environment.

James Mulholland QC, chair of the Criminal Bar Association, vouches for remote hearings. He said they ensure “timely justice” for members of the public who aren’t “compelled to travel” to courts or be “left in limbo.”

In April the Ministry of Justice (MoJ) announced plans to change the law to allow jurors to hear cases virtually. The UK government drew its inspiration from mock jury trials, carried out by JUSTICE last year; the legal thinktank carried out a successful experiment which proved virtual trials were capable of meeting the principles of fairness, the accuracy of evidence and certainty. The new police bill echoed changes already made in Scotland where remote juries are likely to stay, becoming a norm post-pandemic.

Speaking at the Law Society last week, Robert Buckland, the lord chancellor said, it’s only right that “we future-proof the system” and “a lot more work needs to be done” before technology achieves a seamless way for remote juries to operate.