Thread by @YLALawyers, We’re super excited for our #YLALvirtual meeting on Open Justice & Remote [...]

We’re super excited for our #YLALvirtual meeting on Open Justice & Remote Hearings in the Criminal Justice System during #COVID19 ft:

@Kirsty_Brimelow

@PenelopeGibbs2

@HMCTSgovuk’ Gemma Hewison

@anna_renou

@BarristerSecret

We’ll be kicking off shortly!

First up is @HMCTSgovuk’ Gemma Hewison - Crime Programme Director at HMCTS. Gemma will update us on how the Court service has adapted.

The new Cloud Video Platform (CVP) is now live in 9 Crown Courts and many Magistrates Court. #YLALvirtual

@HMCTSgovuk are now focussing on re-starting jury trials from 18 May.

Third parties can observe hearings remotely e.g. the media, but they need to submit a request in advance.

#YLALvirtual

Next up is @Kirsty_Brimelow QC of @DoughtyStPublic @DoughtyStCrime! Kirsty is going to take us through the new emergency coronavirus emergency laws. #YLALvirtual

#YLALvirtual

Para 23 of schedule 21 of the Coronavuris Act 2020 gives the police the power to assist public health officials where someone is a ‘potentially infectious person.’

#YLALvirtual

The accompanying regulations are drafted extremely widely (and without Parliamentary scrutiny) which has led to the misapplication of them, and therefore potentially false imprisonments

#YLALvirtual

If your client is charged under these regulations, that should be a red flag

#YLALvirtual

Under the new regulations, the financial penalties have been increased from £60 to £100 (and the £30 if you pay within 14 days is now £50). For each repeated offence, the fine doubles.

@Kirsty_Brimelow says we really need clearer guidance, not harsher penalties.

#YLALvirtual

Thanks very much @Kirsty_Brimelow @DoughtyStreet for such an in depth and useful consideration of the legislation!

Next up - @PenelopeGibbs2 of @TransformJust1!

@PenelopeGibbs2: Clearly there’s been lots of progress by @HMCTSgovuk but CVP wasn’t ready when COVID first hit. There’s still a major challenge for open justice. Has any member of the public actually been allowed access to a remote criminal hearing at all? #YLALvirtual

@PenelopeGibbs2: If the public can’t get access to a remote hearing, that’s not open justice at all! Open justice is at real threat at the moment..

#YLALvirtual

@PenelopeGibbs2: Criminal justice tech is just not up to the job at the moment! We’ve got absolutely terrible tech in the Mags - screens in odd positions, sounds & visuals are terrible, you can barely see the Defendant on screen.

#YLALvirtual

And there’s absolutely no way the Defendant can speak confidentially to their lawyer during the hearing.

#YLALvirtual

Thanks very much @PenelopeGibbs2 @TransformJust1! Very interesting, information and concerning!

Next up, our committee member @anna_renou, solicitor at @ITNSolicitors - let’s find out what things are like on the ground in the Magistrates Court!

@anna_renou: booth phones used by solicitors in the police station are not confidential at all - they’re in the custody suite and within earshot of the police

#YLALvirtual

@anna_renou: taking instructions by phone simply cannot replace face to face contact - it’s almost impossible to take instructions by phone from a 14 yr old child about a serious criminal matter. #YLALvirtual

@anna_renou: The Magistrates Courts have remained open throughout the pandemic.

We can take instructions through a glass screen, but this is not available at all courts. Also no PPE, very little social distancing.

#YLALvirtual

@anna_renou: The Cloud Video Platform (CVP) - there’s no ability for the court to mute people and advocates are coming into the meeting whenever. #YLALvirtual

@anna_renou: Remote hearings aren’t going anywhere, we need to get used to them and adapt our advocacy style accordingly. But the issues with remote hearings and open justice are real. #YLALvirtual

@anna_renou: This is going to have an impact on junior lawyers, who will ultimately have to pick up the slack

#YLALvirtual

Last, but by no means least, a Q&A with @BarristerSecret

! Please send in your questions via the chat function!

#YLALvirtual

@BarristerSecret: The lawyers have shown remarkable flexibility in adapting to a world of video hearings, to the surprise of all of us! #YLALvirtual

@BarristerSecret: Of jury trials- Yesterday’s wholly unsurprising news that a murder jury at the Bailey were summonsed to reattend only to be told that actually, dreadfully sorry, but we have no face masks for you - how on brand for the MoJ. #YLALvirtual

@BarristerSecret: The lack of uniformity in approach from court to court, which is frustrating at the best of times, is utterly bonkers in the context of a public health emergency. #YLALvirtual

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