Select committee: Constitution Committee
Recommendation 29
22nd Report - COVID-19 and the Courts
Published 30 Mar 2021
Constitution Committee Constitutional implications of COVID‑19 All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
We recommend that all future risk assessments prepared by the Government, the Ministry of Justice and HMCTS consider the impact of major threats to the operation of courts and tribunals. The results of those risk assessments should be made publicly available on at least an annual basis, and include a statement of the steps that have been taken to manage the identified risks. It is essential that the operation of courts and tribunals be adequately protected as part of all future Government risk planning.
From: Constitution Committee, 22nd Report - COVID-19 and the Courts, 30 March 2021
Government response
The government responded to the whole report on 31 May 2021 (deadline 30 May 2021).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government's response to the Committee's report sets out its recovery action on courts and tribunals, with many points addressed through existing programmes, some by stated commitments, and others by saying matters sit with the judiciary or other bodies.
- On the HMCTS reform programme, it states HMCTS is "committed to delivering this programme on time by the end of 2023".
- On sitting days, it says it will run Crown Courts to "the fullest possible extent, with no limit on sitting days", with additional sitting days in other jurisdictions compared with 2020/21.
- On legal aid, it says it "remains committed" and cites an independent criminal legal aid review that "will report this year", with a government commitment to respond within the year.
- On remote jury trials, it says current legislation means it cannot use this measure, and the Police, Crime, Sentencing and Courts Bill is an "enabling provision" requiring "careful consideration" of factors including fair access to justice and cost.