Select committee: Constitution Committee
Recommendation 240
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 the Government sets out clear plans, both short-term and long-term, for addressing the backlog in all jurisdictions, along with timelines and targets for implementation. Clarity is necessary to facilitate scrutiny of the adequacy of the Government’s response and to restore faith in the justice system. 153 Criminal Justice Chief Inspectors, Impact of the pandemic on the Criminal Justice System (13 January 2021): https ://www.justiceinspectorates.gov.uk/cjji/wp-content/uploads/sites/2/2021/01/2021-01-13 -State-of-nation.pdf [accessed 1 February 2021] and Crest Advisory, ‘Impact and legacy of Covid-19 on the CJS: Modelling overview’, (30 October 2020): https://www.crestadvisory.com/post /a-perfect-storm-why-the-criminal-justice-system-is-facing -an-existential-crisis [accessed 17 February 2021] 154 HMCTS, ‘HMCTS weekly management information during coronavirus: March 2020 to February 2021’, (11 March 2021): https://www.gov.uk/government/statistical-data -sets/hmcts-weekly-management-information-during-coronavirus-march-2020-to -february-2021 [accessed 15 March 2021] 155 This is the number of outstanding cases across magistrates’ courts and the Crown Court awaiting disposal. As at 21 February 2021 the Crown Court backlog was 56,875 and the magistrates’ courts backlog was 476,932: HMCTS, ‘HMCTS weekly management information during coronavirus: March 2020 to February 2021’, (11 March 2021): https://www.gov.uk /government/statistical-data-sets/hmcts-weekly-management-information-during-coronavirus -march-2020-to-february-2021 [accessed 15 March 2021] 156 Total number of outstanding cases across both the Crown and magistrates’ court as at 21 February 2021 was reported to be 533,807. That figure was 435,856 on 8 March 2020: HMCTS, ‘HMCTS weekly management information during coronavirus: March 2020 to February 2021’, (11 March 2021): https://www.gov.uk/government /statistical-data-sets/hmcts-weekly-management-information-during-coronavirus-march -2020-to-february-2021 [accessed 15 March 2021] 157 The Crown Court backlog had previously peaked at 55,116 in 2014. The current Crown Court backlog is the highest on recent record: HMCTS, ‘Criminal court statistics quarterly: January to March’, 2020 (25 June 2020), Table C1: https://assets.publishing.service.gov .uk/government/uploads/system/uploads/attachment_data/file/897716/ccsq _tables_jan_mar_2020.ods [accessed 4 February 2021]; HMCTS, ‘HMCTS weekly management information during coronavirus: March 2020 to February 2021’, (11 March 2021): https://www.gov.uk/government/statistical -data-sets/hmcts-weekly-management-information-during-coronavirus-march-2020-to-february-2021 [accessed 15 March 2021] 158 All new jury trials were suspended on 23 March 2020 and a limited number resumed on 18 May 2020. 159 In October 2020 the Criminal Bar Association estimated that there were around 120 trials with seven or more defendants—including violent crime and organised criminal activity—that were too large to be accommodated in existing court real estate: ‘Courts backlog ‘tipping point’ for justice system’, BBC News (30 October 2020): https://www.bbc.co.uk/news/uk-54737289 [accessed 17 February 2021] 160 HMCTS, ‘HMCTS weekly management information during coronavirus: March 2020 to February 2021’, (11 March 2021): https:// www.gov.uk/government/statistical-data-sets/hmcts-weekly-management- information-during-coronavirus-march-2020-to-february-2021 [accessed 15 March 2021] 161 Q 7 (Rt Hon Lord Burnett of Maldon) 162 That figure is not intended to represent the actual number of outstanding cases, but instead to facilitate a like-for-like comparison of outstanding jury trials before and after the pandemic. The Chartered Institute of Public Finance and Accountancy and the Institute for Government, Performance Tracker 2020: how public services have coped with coronavirus (2 November 2020): https:// www.instituteforgovernment.org.uk/sites/default/files/publications/performance-tracker- 2020.pdf [accessed 4 February 2021] and oral evidence taken before the Justice Committee on 12 January 2021 (Session 2019-21), Q 9 (Thomas Pope) 163 Oral evidence taken before the Justice Committee on 12 January 2021 (Session 2019-21), Q 106 (Rt Hon Robert Buckland QC MP) and ‘Law in Action’, BBC Sounds (2 March 2021): https://www.bbc.co.uk/sounds/ play/m000sqlf [accessed 4 March 2021] 164 Examples from the London Criminal Courts Solicitors’ Association of delayed cases, such as an alleged offences committed in 2018 being listed for trial in 2022, can be found in: ‘Covid leading to four-year waits for England and Wales court trials’, The Guardian (10 January 2021): https://www.theguardian.com/law/2021/jan/ 10/covid-leading-to-four-year-waits-for-england-and- wales-court-trials [accessed 17 February 2021] 165 This model assumed court capacity dropping by 90% in March 2020 and recovering to 2019 levels over 12 months after September 2020. Further information about the assumptions made is set out in Crest Advisory, Assumptions : A perfect storm: why the criminal justice system is facing an existential crisis (30 October 2020): https ://www.crestadvisory.com/post/assumptions-a-perfect-storm-why-the -criminal-justice-system-is-facing-an-existential-crisis [accessed 17 February 2021] 166 Crest Advisory, Impact and legacy of Covid -19 on the CJS: Modelling overview (30 October 2020): https ://www.crestadvisory.com/post/a-perfect-storm-why-the-criminal -justice-system-is-facing-an-existential-crisis [accessed 1 February 2021] 167 ‘‘Armageddon scenario’: Government warned justice could be derailed by 200,000 court backlog in four years’, London Evening Standard , 30 October 2020: https://www.standard.co.uk/news/uk /crown-court-backlog-ministry-justice-cases-armageddon-criminal-b28872.html [accessed 17 February 2021] 168 Crest Advisory, Assumptions: A perfect storm: why the criminal justice system is facing an existential crisis (30 October 2020): https://www.crestadvisory.com/post/assumptions -a-perfect-storm-why-the-criminal-justice-system-is-facing -an-existential-crisis [accessed 17 February 2021] 169 ‘The Times view on the backlog of criminal trials: Speed of Justice’, The Times , 20 August 2020: https://www.thetimes.co.uk /article/the-times-view-on-the-backlog-of-criminal-trials -speed-of-justice-qw3bkqfgm [accessed 17 February 2020] 170 HMCTS, COVID-19: Update on the HMCTS response for criminal courts in England & Wales (7 September 2020): https://assets.publishing.service .gov.uk/government/uploads/system/uploads/attachment_data/file/915493 /HMCTS401_recovery_overview_for_crime_WEB.pdf [accessed 16 February 2021] 171 HM Government, ‘HMCTS weekly management information during coronavirus: March 2020 to February 2021’, (11 March 2021): https://www .gov.uk/government/statistical-data-sets/hmcts-weekly-management-information -during-coronavirus-march-2020-to-february-2021 [accessed 15 March 2021] 172 The average time from charge to disposal increased from 7.4 weeks in March 2020 to 14.0 weeks in November 2020: HMCTS, ‘HMCTS management information: December 2019-December 2020’, (11 February 2021): https://www.gov.uk/government/statistical-data -sets/hmcts-management-information-december-2020 [accessed 16 February 2021] 173 HMCTS, Covid-19: Update on the HMCTS response for criminal courts in England and Wales (1 September 2020), para 5.12 https://assets.publishing.service.gov.uk/government/uploads/system /uploads/attachment_data/file/915493/HMCTS401_recovery_overview_for_crime _WEB.pdf 174 The Chartered Institute of Public Finance and Accountancy and the Institute for Government, Performance Tracker 2020: how public services have coped with coronavirus (2 November 2020): https ://www.instituteforgovernment.org.uk/sites/default/files/publications/performance-tracker -2020.pdf [accessed 4 February 2021] 175 Ministry of Justice, Criminal Statistics quarterly, England and Wales, October 2019 to September 2020 (18 February 2021): https://assets.publishing.service.gov.uk /government/uploads/system/uploads/attachment_data/file/962357/criminal-justice -statistics-quarterly-sept-2020.pdf [accessed 5 March 2021] 176 The figure for men and women refers to those aged 18 and above. National Statistics, Offender management statistics quarterly: July to September 2020 (28 January 2021): https://www.gov.uk /government/statistics/offender-management-statistics-quarterly-july-to-september-2020 [accessed 17 February 2021] 177 The statistics refer to children aged between 15 and 17 held in prisons, police cells, Secure Children’s Homes or Secure Training Centres: Statistics, Offender management statistics quarterly: July to September 2020 (28 January 2021): https://www.gov.uk/government/statistics/offender-management-statistics-quarterly-july-to-september-2020 [accessed 17 February 2021] 178 Howard League for Penal Reform, Ending the detention of unsentenced children during the Covid-19 pandemic: A guide for practitioners (May 2020): https://howardleague.org/wp-content/uploads/2020/11/ Ending-the-detention-of-unsentenced-children-during-the-Covid-19- pandemic.pdf [accessed 12 March 2021] 179 Ministry of Justice and the Youth Justice Board, Youth Justice Statistics 2019/20 (England and Wales) (28 January 2021): https://assets.publishing.service.gov .uk/government/uploads/system/uploads/attachment_data/file/956621/youth -justice-statistics-2019-2020.pdf [accessed 12 March 2021] 180 Those aged 18 and under. 181 Her Majesty’s Prison and Probation Service, Youth Custody Data (12 March 2021): https://www .gov.uk/government/statistics/youth-custody-data [accessed 12 March 2021] 182 Written evidence from the Howard League for Penal Reform ( CIC0485 ) 183 Ibid. 184 The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 ( SI 2020/953 ). These regulations were subject to the negative procedure and came into force on 28 September 2020. They have effect until 28 June 2021. The regulations temporarily extend the custody time limit: (a) from 182 days to 238 days for all triable either-way and indictable only criminal offences awaiting trial on indictment at the Crown Court; and (b) from 56 days to 168 days where a voluntary bill of indictment is preferred or a fresh trial has been ordered by the Court of Appeal. The extension of the maximum custody period initially applied to all defendants, but was amended in February 2021 to exclude defendants under the age of 18. 185 Explanatory Memorandum to The Prosecution of Offences (Custody Time Limits) (Coronavirus ) (Amendment) Regulations 2020 186 The regulations extending custody time limits were laid under the negative procedure (under s.29 of the Prosecution of Offences Act 1985 ). The negative procedure is a type of parliamentary procedure whereby secondary legislation becomes law on a day designated by a Minister and automatically remains law unless a motion to reject it is agreed by either House within 40 sitting days. The regulations extending custody time limits became law before they were laid before Parliament and came into force 21 days later. 187 Written evidence from the Howard League for Penal Reform ( CIC0485 ) 188 Q 27 (Professor Richard Susskind OBE) 189 Q 7 (Rt Hon Lord Burnett of Maldon) 190 HMCTS, Covid-19: Overview of HMCTS Recovery for Civil and Family Courts and Tribunals (November 2020): https://assets.publishing.service.gov.uk/government/uploads/system /uploads/attachment_data/file/932496/HMCTS_CFT_Recovery_Plan_v2b .pdf [accessed 3 March 2021] 191 ‘Remote hearing success means no backlog in some family courts’, Legal Futures (15 October 2020): https://www.legalfutures.co.uk/latest-news/remote-hearing -success-means-no-backlog-in-some-family-courts [accessed 25 March 2021] 192 HMCTS, ‘HMCTS weekly management information during coronavirus : March 2020 to February 2021’, (11 March 2021): https://www .gov.uk/government/statistical-data-sets/hmcts-weekly-management-information -during-coronavirus-march-2020-to-february-2021 [accessed 15 March 2021] 193 Private law family cases are commonly divorce cases or disputes between parents who have split-up about who their child should live with or have contact with. Public law family cases are typically child protection cases where a local authority, or the NSPCC, steps in on child welfare grounds. 194 HMCTS, Covid-19: Overview of HMCTS Recovery for Civil and Family Courts and Tribunals (November 2020): https://assets .publishing.service.gov.uk/government/uploads/system/uploads/attachment_data /file/932496/HMCTS_CFT_Recovery_Plan_v2b.pdf [accessed 3 March 2021] 195 Family Justice Board (Private Law Advisory Group), Final Report (9 December 2020), p.8: https://www.judiciary .uk/wp-c ontent/uploads/2020/12/Private-Law-Advisory-Group-Report -Dec-2020.pdf [accessed 4 February 2021] 196 Written evidence from Council of Her Majesty’s Circuit Judges ( CIC0039 ) 197 Family Justice Board (Public Law Advisory Group), Final Report (9 December 2020), p.8: https://www.judiciary.uk/wp-content /uploads/2020/12/Public-Law-Advisory-Group-Report-Dec-2020.pdf [accessed 4 February 2021] 198 Ibid. 199 Written Answer HL13308 , Session 2019-21 200 Combining single and multiple claims: HMCTS, ‘HMCTS weekly management information during coronavirus: March 2020 to February 2021’, (11 March 2021): https:// www.gov.uk/government/statistical-data-sets/hmcts-weekly-management- information-during-coronavirus-march-2020-to-february-2021 [accessed 15 March 2021] 201 HMCTS, ‘HMCTS management information: December 2019-December 2020’, (11 February 2021): https://www.gov.uk/government/statistical- data-sets/hmcts-management-information-december-2020 [accessed 16 February 2021] 202 A typical claim brought by an individual against his/her employer claiming breach of employment rights is called a ‘single’ claim. Other claims to employment tribunals come from individuals involved in collective workplace disputes – two or more workers bringing claims against a common employer or, occasionally, employers. 203 Written answer 123733 Session 2019–21 204 Citizens Advice, Tribunal trouble: how a backlogged tribunal system is stopping people enforcing their rights (22 October 2020): https://www. citizensadvice.org.uk/Global/CitizensAdvice/Work%20Publications/FINAL%20Tribunal%20trouble_% 20How%20a%20backlogged%20tribunal%20system%20is%20stopping%20people%20enforcing%20their% 20rights.pdf [accessed 4 February 2021] 205 On 5 June 2020, the stay was extended until 23 August 2020. On 21 August 2020, the ban was extended again to 20 September 2020: Ministry of Housing, Communities & Local Government, Government support available for landlords and renters reflecting the current coronavirus (Covid- 19) outbreak (28 March 2020): https://www.gov.uk/government/ publications/covid-19-and-renting-guidance-for-landlords-tenants-and- local-authorities [accessed 1 February 2021]; Ministry of Housing, Communities & Local Government, Ban on evictions extended by 2 months to further protect renters (5 June 2020): https://www.gov.uk/ government/news/ban-on-evictions-extended-by-2-months-to- further-protect-renters [accessed 1 February 2021]; The Right Honourable Sir Terence Etherton and The Right Honourable Robert Buckland QC MP, 124th Update: Practice Direction Amendments (21 August 2020): https:// www.justice.gov.uk/courts/procedure-rules/civil/cpr-124- pd-update.pdf [accessed 1 February 2021] 206 House of Commons Library, Coronavirus: Support for landlords and tenants, Briefing Paper, Number 08868, 10 January 2021 207 Written Answer HL11552 , Session 2019-2021 208 Q 103 (James Sandbach) 209 Ministry of Justice, Mortgage and landlord possession statistics: October to December 2020 (11 February 2021): https://www.gov.uk/government/statistics/mortgage-and -landlord-possession-statistics-october-to-december-2020/mortgage-and-landlord -possession-statistics-october-to-december-2020 [accessed 4 March 2021] 210 HMCTS, Two more Nightingale courts open (28 January 2021): https://www.gov.uk/government/news/two-more-nightingale-courts -open [accessed 1 February 2021] 211 Letter from Robert Buckland QC MP to Baroness Taylor of Bolton, 16 February 2021: https://committees.parliament.uk/publications/5263/documents/52655/default/ 212 HMCTS, Two more Nightingale courts open (28 January 2021): https ://www.gov.uk/government/news/two-more-nightingale-courts-open [accessed 1 February 2021] 213 Letter from the Rt Hon Robert Buckland QC MP to Sir Robert Neill MP, 20 January 2021: https://committees.parliament.uk/publications/4488/documents/45136 /default/ 214 HMCTS, Two more Nightingale courts open (28 January 2021): https://www.gov.uk/government/news/two-more-nightingale -courts-open [accessed 1 February 2021] 215 Letter from Robert Buckland QC MP to Baroness Taylor of Bolton, 16 February 2021: https://committees.parliament.uk/publications/5263/documents/52655/default / 216 HMCTS, More courts to speed up justice (17 February 2021): https://www.gov.uk/government/news/more-courts-to -speed-up-justice [accessed 18 February 2021] 217 HMCTS, Two more Nightingale courts open (28 January 2021): https://www.gov .uk/government/news/two-more-nightingale-courts-open [accessed 1 February 2021] 218 HMCTS, HMCTS weekly operational summary on courts and tribunals during coronavirus (COVID-19) outbreak (15 February 2021): https://www. gov.uk/guidance/hmcts-weekly-operational-summary-on-courts-and- tribunals-during-coronavirus-covid-19-outbreak [accessed 17 February 2021] 219 Q 139 (Rt Hon Robert Buckland QC MP) 220 The High Court of Justice, Lucima v CCC and DPP v Woolwich [2020] EWHC 3243 , [21] 221 Letter from the Rt Hon Robert Buckland QC MP to Sir Robert Neill MP, 20 January 2021: https://committees.parliament.uk/publications/4488 /documents/45136/default/ 222 HMCTS, COVID-19: Update on the HMCTS response for criminal courts in England & Wales (7 September 2020), Figure 4, page 7: https://assets.publishing.service.gov .uk/government/uploads/system/uploads/attachment_data/file/915493/HMCTS401 _recovery_overview_for_crime_WEB.pdf [accessed 16 February 2021] 223 Letter from the Rt Hon Robert Buckland QC MP to Sir Robert Neill MP, 20 January 2021: https://committees .parliament.uk/publications/4488/documents/45136/default/ 224 ‘Justice minister accused over Nightingale courts’, The Times , 20 August 2020: https ://www.thetimes.co.uk/article/justice-minister-accused-over-nightingale -courts-8c2pxm52v [accessed 1 February 2021] 225 Ibid. 226 Written Answer HL11500 , Session 2019-21 227 Written Answer HL11501 , Session 2019-21 228 HMCTS, More courts to speed up justice (17 February 2021): https://www.gov.uk/government/news/more-courts-to -speed-up-justice [accessed 18 February 2021] 229 HM Government Guidance, ‘Courts and tribunals additional capacity during coronavirus outbreak: Nightingale courts’, (3 March 2021): https://www.gov.uk/guidance/courts -and-tribunals-additional-capacity-during-coronavirus-outbreak-nightingale-courts#history [accessed 5 March 2021] 230 Courts and Tribunals Judiciary of England and Wales, Message from the Lord Chief Justice: latest COVID-19 restrictions , 5 January 2021: https://www.judiciary.uk /announcements/message-from-the-lord-chief-justice-latest-covid-19 -restrictions/ [accessed 5 February 2021] 231 Written answer, 135923 Session 2019–21 232 The Law Society of England and Wales, Urgent action call for courts as COVID safety fears grow (15 January 2021): https://www.lawsociety. org.uk/contact-or-visit-us/press-office/press-releases/ urgent-action-call-for-courts-as-covid-safety-fears-grow [accessed 1 February 2021] 233 London Criminal Courts Solicitors’ Association, LCCSA call for action during major incident in London (12 January 2021): https://www.lccsa.org.uk/wp-content/uploads/ 2021/01/LCCSA-call-for-action-during-state-of-emergency-210112. pdf [accessed 1 February 2021] 234 Oral evidence taken before the Justice Committee on 19 January 2021 (Session 2019-21), Q 266 (Kevin McGinty) 235 HC Deb, 20 January 2021, col 974 236 Q 115 (Simon Davis) 237 Written evidence from the Law Society of England and Wales ( CIC0028 ) 238 Ibid. 239 Q 115 (Caroline Goodwin QC) 240 Q 142 (Rt Hon Robert Buckland QC MP) 241 Q 142 (Susan Acland-Hood) 242 ‘Plans for extended court opening hours are put on hold’, The Times (11 February 2021): https:// www.thetimes.co.uk/article/plans-for-extended-court-opening- hours-are-put-on-hold-g2crtx0mj [accessed 4 March 2021] 243 This model assumes court capacity dropping by 90% in March 2020 and recovering to 2019 levels over 12 months after September 2020. Further information about the assumptions made see: Crest Advisory, Assumptions: A perfect storm: why the criminal justice system is facing an existential crisis (30 October 2020): https:// www.crestadvisory.com/post/assumptions-a-perfect-storm-why-the- criminal-justice-system-is-facing-an-existential-crisis [accessed 17 February 2021] 244 Q 8 (Rt Hon Lord Burnett of Maldon) 245 Ministry of Justice, Judicial Mandatory Retirement Age: Response to Consultation (8 March 2021): https://assets.publishing.service.gov. uk/government/uploads/system/uploads/attachment_data/file/967234/judicial- mandatory-retirement-age-consultation-response.pdf [accessed 11 March 2021] 246 ‘Lord Carloway backs plans for use of remote juries in High Court cases’, Holyrood (14 August 2020): https://www. holyrood.com/news/view,lord-carloway-backs-plans-for-use- of-remote-juries-in-high-court-cases [accessed 4 March 2021] 247 JUSTICE, ‘JUSTICE COVID-19 response’,: https://justice.org. uk/our-work/justice-covid-19-response/ [accessed 4 March 2021] 248 JUSTICE, JUSTICE pilots first ever worldwide virtual mock jury trial (April 2020): https://justice.org.uk/wp-content /uploads/2020/04/JUSTICE-mock-virtual-trial-press-release.pdf [accessed 4 March 2021] 249 ‘Law in Action’, BBC Sounds (2 March 2021): https://www.bbc.co.uk/sounds/play/m000sqlf [accessed 4 March 2021] 250 Q 48 (Dr Natalie Byrom), Q 24 (Professor Richard Susskind OBE) and written evidence from the Sheffield ME and Fibromyalgia Group ( CIC0013 ) and the Employment Lawyers Association ( CIC0027 ) 251 Written evidence from the Law Society of Scotland ( CIC0033 ), the Lord Chief Justice of England and Wales ( CIC0045 ) and the Criminal Cases Review Commission ( CIC0051 ) 252 ‘Call for trials without juries amid fear that crisis will put criminals on streets’, The Times (20 August 2020): https ://www.thetimes.co.uk/article/call-for-trials-without-juries -amid-fear-that-crisis-will-put-criminals-on-streets-qk93vdttf [accessed 17 February 2021] 253 ‘Lady Hale: Rethinking The Courts’, BBC Sounds (22 June 2020): https://www.bbc.co.uk /programmes/p08hg5q1 [accessed 17 February 2021] 254 ‘Call for trials without juries amid fear that crisis will put criminals on streets’, The Times (20 August 2020): https://www.thetimes.co .uk/article/call-for-trials-without-juries-amid-fear-that -crisis-will-put-criminals-on-streets-qk93vdttf [accessed 17 February 2021] 255 Q 9 (Rt Hon Lord Burnett of Maldon) 256 Q 9 (Rt Hon Lord Burnett of Maldon) 257 ‘Coronavirus: Cut jury size to clear courts backlog: Labour’, BBC News (27 January 2021): https://www.bbc.co.uk/news/uk-politics-55813636 [accessed 1 February 2021] 258 This argument is put forward, but not endorsed, in: ‘The Times view on the backlog of criminal trials: Speed of Justice’, The Times (20 August 2020): https://www.thetimes. co.uk/article/the-times-view-on-the-backlog-of- criminal-trials-speed-of-justice-qw3bkqfgm [accessed 18 February 2021] 259 Q 102 (Cris McCurley) 260 Written evidence from Council of Her Majesty’s Circuit Judges ( CIC0039 ) 261 Q 102 (James Sandbach) 262 Written evidence from the Law Society of England and Wales ( CIC0028 ) 263 Q 115 (Derek Sweeting QC) 264 Q 102 (Carol Storer OBE) 265 Q 141 and Q 184 (Rt Hon Robert Buckland QC MP) 266 HL Deb, 26 January 2021, col 1517 267 Written evidence from the Employment Lawyers Association ( CIC0027 ) 268 Ibid. 269 Q 24 (Professor Richard Susskind OBE) 270 Q 40 (Dr Natalie Byrom) and written evidence from the Employment Lawyers Association ( CIC0027 ) < Back Next > © Parliamentary copyright 2021 A-Z index Glossary Contact us Freedom of Information Jobs Using this website Copyright Privacy notice Cookie policy Cookie Manager House of Lords - COVID-19 and the Courts - Select Committee on the Constitution Accessibility Email alerts RSS feeds Contact us Home Parliamentary business MPs, Lords & offices About Parliament Get involved Visiting Education House of Commons House of Lords What's on Bills & legislation Committees Publications & records Parliament TV News Topics You are here: Parliament home page > Parliamentary business > Publications and Records > Committee Publications > All Select Committee Publications > Lords Select Committees > Constitution > Constitution COVID-19 and the Courts Contents Chapter 4: Data in the courts system
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.