"With a little bit of luck", all the courts will be open by the end of June, lord chief justice, Lord Burnett tells @CommonsJustice
Fewer cases coming into the courts, but 1,400 cases waiting to go from the magistrates to crown court.
Main constraint at getting crown court going again is need for social distancing -- each trial is taking three rooms. If guidance is less than 2m, more trials would be able to take place
If things persist at they are, ministers will have to look at legislative changes. Other possibility "being looked at in detail" is using "outside accommodation, eg hotel conference centres & sports halls.
As soon as circs allow we shoudl use the court estate to its maximum capacity in all jurisdictions to its maximum capacity -- will need increase in sitting days & use of fee-paid judges
Temporary options for crown court trials - reduce number of jurors to 7 (as happened in WW2); judge only trials - only in extremis as involvement; judge + 2 magistrates. Reserved his view on best course, but asked government to think about options now
Discussion have gone no further than "drawing up a menu" of options, but urges legislators to think about it in advance & stresses that any changes must be temporary & reviewed regularly as events develop.
Legislation to increase sentencing powers of magistrates was passed years ago, but has not been passed - would cut cases going to crown court, but concern that it will lead to more people being sent to prison. Ducks stating if he agrees with, stating it's for policy makers.
"Sensible increase" to raise retirement age of magistrates to 72 - magistracy has shrunk and is struggling to recruit
Online hearings are better than telephone, but "universal experience" is that they are more tiring than physical hearings. Judges find doing hearings from home harder than in court, and they through more in court.
Especially in family cases, judges found it intrusive to have "argumentative & emotional people in their homes" albeit on a link.
On open justice: Lot of work to ensure press could join in on remote hearings - & public. Lists published & arrangements for press to ask courts to watch cases. Over 50 journalists joined online to watch one High Court case - he doesn't name it, but it was Megan privacy case
Burnett says he meets lord chancellor very frequently & always raises need for proper funding of admin of justice. Burnett says it's been underfunded for years & the consequences are coming home to roost
No one should be forced to engage with the courts digitally & stresses that the courts are concerned to safeguard the interests of vulnerable people.
Important to get physical courts open when safe -- lots of litigants in person, esp in family cases, living in deprived circs - unreal to suppose they have computers & good broadband.
Funding must be made available for admin of justice -- we're trying to move courts forward in a handful of years in a way that should have been happening incrementally. We're catching up & it requires proper funding.
Admin of justice has "been something of a Cinderella" over the last decades -funding has never been lavish or protected and there has been a steady erosion of resources, which cut services back to the bone. (quite strong for a cautious lord chief justice)
Family public law cases due to be digitised - will substantially reduce number of pre-trial hearings, free up judges & save money -- will be a "game-changer". Powerful eg of how "critical" it is to fund the modernisation of the courts
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