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Select committee: Constitution Committee

22nd Report - COVID-19 and the Courts

Published 30 March 2021

Constitution Committee Constitutional implications of COVID‑19 Report on parliament.uk ↗

At a glance35 recommendations · Government response published 31 May 2021 (deadline 30 May 2021)

The government's response

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.

Read the government's response ↗ Report an error

Sources

Recommendations and conclusions 35

  1. 29
    We recommend that all future risk assessments prepared by the Government, the Ministry of Justice... Recommendation 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.
  2. 31
    We recommend that the Government publish all papers and minutes relating to Exercise Cygnus including... Recommendation Recommendation (the committee's words)
    We recommend that the Government publish all papers and minutes relating to Exercise Cygnus including a statement of the actions that were taken in response to its recommendations before March 2020. Operation of courts and tribunals during the pandemic
  3. 64
    We recommend that the Government sets out a timetable within three months for implementing the... Recommendation Recommendation (the committee's words)
    We recommend that the Government sets out a timetable within three months for implementing the HMCTS reform programme, including a clear commitment to the funding that will be provided to ensure its prompt implementation.
  4. 65
    We recommend that the Government ensures training and guidance is available to all judges and... Recommendation Recommendation (the committee's words)
    We recommend that the Government ensures training and guidance is available to all judges and court staff operating virtual hearings urgently and, at the latest, by the end of 2021. It is vital that those working in courts are comfortable with the technology used for remote hearings, and that they adopt a consistent approach to its implementation and use. Missed opportunities
  5. 76
    We recommend that the Ministry of Justice, the Home Office and police forces across England... Recommendation Recommendation (the committee's words)
    We recommend that the Ministry of Justice, the Home Office and police forces across England and Wales make concerted efforts to increase the use of video remand hearings as a matter of urgent priority. The Government must report to Parliament on the progress made within six months.
  6. 77
    We recommend that the Government prepares and publishes a statement setting out : (a) the... Recommendation Recommendation (the committee's words)
    We recommend that the Government prepares and publishes a statement setting out : (a) the lessons it has learned from the uneven adoption of new technologies during the pandemic; (b) how these lessons will inform the future development and implementation of the HMCTS reform programme; and (c) how the Government plans to support the courts and other public services to make full and effective use of new technologies introduced in future. Access to justice
  7. 100
    We recommend that the Government provides simple and accessible guidance for ordinary court users, available... Recommendation Recommendation (the committee's words)
    We recommend that the Government provides simple and accessible guidance for ordinary court users, available in advance of remote hearings, providing information on the technological practicalities of attending different kinds of hearing .
  8. 101
    We recommend that the Government ensures sufficient guidance is available to all judges and court... Recommendation Recommendation (the committee's words)
    We recommend that the Government ensures sufficient guidance is available to all judges and court staff on how to facilitate the needs of court users and ensure procedural justice. It is vital that those working in the justice system are sufficiently equipped to cater for common challenges and to secure a fair process for all court users.
  9. 117
    We recommend that the Government further increases the funds available for legal aid to match... Recommendation Recommendation (the committee's words)
    We recommend that the Government further increases the funds available for legal aid to match the reality of need. Open justice
  10. 125
    We recommend that HMCTS sets out how it will improve the availability of information in... Recommendation Recommendation (the committee's words)
    We recommend that HMCTS sets out how it will improve the availability of information in the courts for the press and the public. This should include timely, complete, and consistent court listings (for physical and remote hearings alike), documents relating to cases (such as written arguments in appropriate cases), and free access to all court judgments. This work should be integrated with efforts to improve the collection, management, and publication of data on the courts (see Chapter 4). 8 HMCTS, ‘HMCTS annual reports and plans’, (8 October 2020): https://www.gov .uk/government/collections/hmcts-annual-reports-and-plans [accessed 2 March 2021] 9 House of Commons Library, Court Closures and Access to Justice , Debate Pack, Number CDP-0156 , 18 June 2019 10 Between 2013 and 2019, the number of staff employed by HMCTS fell by 17 per cent. See ‘Tribunals struggle as backlog of cases reaches highest level since fee abolition’, GQ Littler (26 February 2019): https://www.gqlittler.com /resources/news-and-views/tribunals-struggle-as-backlog-of-cases -reaches-highest-level-since-fee-abolition.htm [accessed 3 March 2021] 11 Ministry of Justice, ‘Legal aid statistics: July to September 2020’, (17 December 2020): https://www.gov.uk /government/statistics/legal-aid-statistics-july-to-september-2020 [accessed 1 March 2021] 12 Legal Aid, Sentencing and Punishment of Offenders Act 2012 13 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. Private law family cases may be contrasted with public law family cases where a local authority, or the NSPCC, steps in to protect a child on child welfare grounds. Private law family cases remain in scope in certain cases where there is documentary evidence of domestic abuse. 14 With the exception of employment-related discrimination. 15 Legal aid remains for welfare benefits appeals on a point of law to the upper tribunal and subsequent appeals, and for judicial review. 16 The proportion of cases where both parties had legal representation in private law family cases almost halved between 2013 and 2020: Ministry of Justice, Family Court Statistics Quarterly: July to September 2020 (18 December 2020): https://www.gov.uk /government/statistics/family-court-statistics-quarterly-july-to-september-2020 /family-court-statistics-quarterly-july-to-september-2020 [accessed 2 March 2021]. The number of unrepresented defendants has also increased in the Crown Court since 2013: Ministry of Justice, Unrepresented Defendants: Perceived effects on the Crown Court in England and Wales - practitioners’ perspectives (2019): https://assets.publishing.service.gov. uk/government/uploads/system/uploads/attachment_data/file/810051/unrepresented- defendants.pdf [accessed 2 March 2021] 17 Judicial College, Equal Treatment Bench Book (February 2021): https://www.judiciary.uk/wp- content/uploads/2021/02/Equal-Treatment-Bench-Book-February-2021-1.pdf [accessed 2 March 2021] 18 See, for example, Q 116 (Simon Davis, Caroline Goodwin QC ) and written evidence from Professor Gráinne McKeever ( CIC0009 ) and Dr Kate Leader ( CIC0011 ). 19 Q 116 (Derek Sweeting QC) 20 Ministry of Justice, ‘Joint letter from Lord Chief Justice of England and Wales, Senior President of Tribunals and Lord Chancellor and Secretary of State for Justice ’, (28 March 2014): https://www.judiciary.uk/wp-content /uploads/2014/03/joint-letter-to-judges-and-staff-hmcts-reform .pdf [accessed 2 March 2021] 21 HMCTS, ‘The HMCTS reform programme’, (6 February 2019): https://www.gov.uk/guidance/the -hmcts-reform-programme [accessed 2 March 2021] 22 Ministry of Justice, Transforming Our Justice System (September 2016): https://assets.publishing .service.gov.uk/government/uploads/system/uploads/attachment_data/file /553261/joint-vision-statement.pdf [accessed 1 February 2021] 23 National Audit Office, Early progress in transforming courts and tribunals (Session 2017–19, HC 1001): https://www.nao.org.uk/ wp-content/uploads/2018/05/Early-progess-in-transforming-courts-and- tribunals.pdf [accessed 1 February 2021]; Public Accounts Committee, Transforming courts and tribunals (Fifty Sixth Report, Session 2017–19, HC 976) 24 HMCTS and Ministry of Justice, Response to Public Accounts Committee: Transforming courts and tribunals (5 February 2019): https://www. gov.uk/government/news/response-to-public-accounts-committee-transforming- courts-and-tribunals [accessed January 2021] 25 Public Accounts Committee, Transforming courts and tribunals: progress review (Second Report, Session 2019, HC 27); National Audit Office, Transforming courts and tribunals: a progress update (Session 2017–19, HC 2638): https://www.nao.org .uk/wp-content/uploads/2019/09/Transforming-Courts-and-Tribunals.pdf [accessed 1 February 2021]; ‘National Audit Office challenges basis of court reforms’, Legal Futures (18 January 2021): https://www.legalfutures .co.uk/latest-news/nao-challenges-basis-of-court-reforms [accessed 1 February 2021] 26 Public Accounts Committee, Transforming courts and tribunals (Fifty-Sixth Report, Session 2017–19, HC 976); HMCTS, HMCTS online event, 15 Oct 2020: Introducing the Common Platform (14 January 2021): https:// www.gov.uk/guidance/hmcts-online-event-15-oct-2020- introducing-the-common-platform [accessed 2 March 2021] 27 National Audit Office, Transforming courts and tribunals: a progress update (Session 2017–19, HC 2638), Figure 4: https://www.nao.org.uk /wp-content/uploads/2019/09/Transforming-Courts-and-Tribunals.pdf [accessed 1 February 2021] 28 Oral evidence taken before the Public Accounts Committee on 6 June 2018 (Session 2017-19) Q 54 (Susan Acland-Hood) 29 Q 143 (Susan Acland-Hood) 30 Public Health England, Exercise Cygnus Report (2017): https://assets.publishing .service.gov.uk/government/uploads/system/uploads/attachment_data/file /927770/exercise-cygnus-report.pdf [accessed 1 February 2021] 31 HMCTS, ‘HMCTS annual reports and plans’, (8 October 2020): https ://www.gov.uk/government/collections/hmcts-annual-reports-and-plans [accessed 1 February 2021] 32 Courts and Tribunals Judiciary, Coronavirus (COVID-19) update from the Lord Chief Justice (17 March 2020) https://www.judiciary.uk/announcements/coronavirus-update-from-the -lord-chief-justice/ [accessed 1 February 2021] and HM Government, Courts during coronavirus pandemic: Robert Buckland statement , (18 March 2020): https://www.gov.uk/government/news/courts-during-coronavirus- pandemic-robert-buckland-statement [accessed 1 February 2021] 33 HMCTS, Covid-19: Overview of HMCTS response (July 2020) https://assets. publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/ file/896779/HMCTS368_recovery_-_COVID-19-_Overview_of_HMCTS_response_ A4L_v3.pdf [accessed 1 February 2021] 34 Written Answer HL13308 , Session 2019-21 35 Ibid. 36 Courts and Tribunals Judiciary, Coronavirus (COVID-19): Jury trials, message from the Lord Chief Justice (17 March 2020): https://www.judiciary.uk/announcements /coronavirus-jury-trials-message-from-the-lord-chief-justice/ [accessed 1 February 2021] 37 Courts and Tribunals Judiciary, Review of court arrangements due to COVID-19, message from the Lord Chief Justice (23 March 2020): https://www.judiciary.uk/ announcements/review-of-court-arrangements-due-to-covid-19-message- from-the-lord-chief-justice/ [accessed 1 February 2021] 38 Coronavirus Act 2020 39 Coronavirus Act 2020, sections 53–57 40 HM Government, HMCTS daily operational summary on courts and tribunals during coronavirus (COVID-19) outbreak (27 March 2020): https://www .gov.uk/guidance/hmcts-daily-operational-summary-on-courts-and -tribunals-during-coronavirus-covid-19-outbreak#hmcts-operational-summary-27 -march-2020 [accessed 1 February 2021] 41 Nuffield Family Justice Observatory, Remote hearings in the family justice system: a rapid consultation (May 2020): https://www.nuffieldfjo.org.uk/app/nuffield /files-module/local/documents/nfjo_remote_hearings_20200507-2-.pdf [accessed 1 February 2021] 42 The Criminal Procedure (Amendment No. 2) (Coronavirus) Rules 2020 ( SI 2020/417 (L. 12) ) 43 The Civil Justice Council and the Legal Education Foundation, The impact of Covid-19 measures on the civil justice system: Report and recommendations (May 2020): https://research.thelegaleducationfoundation.org/research-learning/ funded-research/the-impact-of-covid-19-measures-on-the- civil-justice-system-report-and-recommendations [accessed 1 February 2021] 44 Courts and Tribunals Judiciary, Jury trials to resume this month (11 May 2020): https://www.judiciary.uk/announcements/jury- trials-to-resume-this-month/ [accessed 1 February 2021] 45 The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020 ( SI 2020/582 (L. 13) ) 46 HM Government, PM: A New Deal for Britain (30 June 2020): https://www.gov.uk/ government/news/pm-a-new-deal-for-britain [accessed 4 March 2021] 47 HMCTS, ‘Court and tribunal recovery update in response to coronavirus’, (1 July 2020): https://www.gov.uk/ government/publications/court-and-tribunal-recovery-update-in-response-to- coronavirus [accessed 1 February 2021] 48 Ministry of Justice, £50 million for legal aid sector (21 August 2020): https:// www.gov.uk/government/news/50-million-for-legal-aid- sector [accessed 1 February 2021] 49 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] 50 HMCTS, COVID-19: Update on the HMCTS response for criminal courts in England & Wales (September 2020): https://assets.publishing.service.gov.uk/government/ uploads/system/uploads/attachment_data/file/915493/HMCTS401_recovery_overview_ for_crime_WEB.pdf [accessed 1 February 2021] 51 The Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020 ( SI 2020/953 ). These regulations came into force on 28 September 2020 and have effect until 28 June 2021. 52 Courts and Tribunals Judiciary, 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] 53 HMCTS, Crown Courts that have resumed jury trials (29 January 2021): https://www.gov .uk/government/publications/crown-courts-that-have-resumed-jury-trials [accessed 1 February 2021] 54 HMCTS, Courts and tribunals additional capacity during coronavirus outbreak: Nightingale courts , (11 March 2021): https ://www.gov.uk/guidance/courts-and-tribunals-additional-capacity-during -coronavirus-outbreak-nightingale-courts [accessed 15 March 2021] 55 Q 1 (Rt Hon Lord Burnett of Maldon) 56 Q 19 (Professor Dame Hazel Genn) 57 Courts and tribunals reported that the numbers of cases heard each day in England and Wales with the use of audio and video technology increased from under 1,000 in the last week of March 2020 to approximately 3,000 by mid-April. HMCTS, ‘Courts and tribunals data on audio and video technology use during coronavirus outbreak’, (30 April 2020): https://www.gov.uk/guidance/courts-and -tribunals-data-on-audio-and-video-technology-use-during-coronavirus-outbreak [accessed 1 February 2021] 58 Q 132 (Rt Hon Robert Buckland QC MP) 59 A cloud-based video platform is an internet-based video meeting service that works like Skype or Zoom. 60 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] 61 Q 19 (Professor Dame Hazel Genn), Q 40 (Dr Natalie Byrom), Q 92 (Carol Storer OBE), Q 105 (Simon Davis), and Q 105 (Caroline Goodwin QC). See, also, 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] 62 Q 1 (Rt Hon Lord Burnett of Maldon) 63 Q 1 (Rt Hon Lord Burnett of Maldon). See, also, Q 19 (Professor Richard Susskind OBE). 64 Q 132 (Rt Hon Robert Buckland QC MP) 65 Written evidence from the Transparency Project ( CIC0019 ) and the Public Law Project ( CIC0038 ) 66 The Civil Justice Council and the Legal Education Foundation, The impact of Covid-19 measures on the civil justice system: Report and recommendations (May 2020): https://research.thelegaleducationfoundation.org/research-learning/funded- research/the-impact-of-covid-19-measures-on-the-civil- justice-system-report-and-recommendations [accessed 1 February 2021] 67 Q40 (Dr Natalie Byrom) 68 Q 7 (Rt Hon Lord Burnett of Maldon) 69 Written evidence from the Supreme Court of the United Kingdom ( CIC0024 ). See, also, ‘The Future of Courts’, The Practice , vol 6(5), July/August 2020: https://thepractice. law.harvard.edu/article/the-future-of-courts/ [accessed 1 February 2021] 70 Q 40 (Dr Natalie Byrom) 71 Nuffield Family Justice Observatory, Remote hearings in the family justice system : reflections and experiences: follow-up consultation (September 2020): https://www .nuffieldfjo.org.uk/app/nuffield/files-module/local/documents/remote _hearings_sept_2020.pdf [accessed 4 March 2021] 72 Written evidence from the Public Law Project ( CIC0038 ) and the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 73 Nuffield Family Justice Observatory, Remote hearings in the family justice system: a rapid consultation (May 2020): https://www.nuffieldfjo.org.uk/app /nuffield/files-module/local/documents/nfjo_remote_hearings_20200507-2-.pdf [accessed 1 February 2021] 74 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) and Q 105 (Derek Sweeting QC) 75 Written evidence from the Crown Prosecution Service ( CIC0036 ) 76 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 77 Ibid. 78 The Civil Justice Council and the Legal Education Foundation, The impact of Covid-19 measures on the civil justice system: Report and recommendations (May 2020): The impact of Covid- 19 measures on the civil justice system: Report and recommendations [accessed 24 August 2020] 79 Written evidence from the Public Law Project ( CIC0038 ), the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ) and Transport for London ( CIC0016 ) 80 Q 94 (Cris McCurley) 81 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 82 Q 43 (Dr Natalie Byrom) 83 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 84 Q 40 (Dr Natalie Byrom) 85 Written evidence from Citizens Advice Stevenage ( CIC0021 ) 86 Written evidence from the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ), and the Public Law Project ( CIC0038 ) 87 Written evidence from the Public Law Project ( CIC0038 ) 88 Written evidence from the Chartered Institute of Legal Executives ( CIC0025 ) 89 HMCTS, ‘Using remote hearings to maintain justice during the coronavirus pandemic’, (30 April 2020): https://insidehmcts. blog.gov.uk/2020/04/30/using-remote-hearings-to-maintain-justice- during-the-coronavirus-pandemic/ [accessed 4 March 2021] 90 HMCTS, Video Remand Hearings (31 October 2019): https://assets.publishing.service .gov.uk/government/uploads/system/uploads/attachment_data/file/844906 /Video_Remand_Hearings_handout.pptx [accessed 16 February 2021] 91 ‘HMCTS research highlights challenges of virtual justice’, Law Society Gazette (11 September 2018): https://www.lawgazette.co.uk/practice/hmcts -research-highlights-challenges-of-virtual-justice/5067497.article [accessed 4 March 2021] 92 Oral evidence taken before the Justice Committee on 1 December 2020 (Session 2019-21) Q 103 (Rt Hon Robert Buckland QC MP) 93 ‘Police forces pull support for virtual remand hearings’, Law Society Gazette (19 October 2020): https ://www.lawgazette.co.uk/news/police-forces-pull-support-for -virtual-remand-hearings/5106062.article [accessed 1 February 2021] 94 Oral evidence taken before the Justice Committee on 1 December 2020 (Session 2019-21) Q 103 (Rt Hon Robert Buckland QC MP) 95 Oral evidence taken before the Justice Committee on 12 January 2021 (Session 2019-21) Q 49 (Richard Miller) 96 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] 97 See, for example, Q 22 (Professor Richard Susskind OBE). 98 Q 109 (Derek Sweeting QC) and written evidence from Transform Justice ( CIC0001 ) and the Crown Prosecution Service ( CIC0036 ) 99 Written evidence from the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ), and Professor Gráinne McKeever ( CIC0009 ) 100 Q 109 (Caroline Goodwin QC), Q 109 (Derek Sweeting QC), Q 109 (Simon Davis) and written evidence from the Crown Prosecution Service ( CIC0036 ), Transform Justice ( CIC0001 ), the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ) and the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 101 Written evidence from the Crown Prosecution Service ( CIC0036 ) 102 Written evidence from Transform Justice ( CIC0001 ) 103 Written evidence from the Sheffield ME and Fibromyalgia Group ( CIC0013 ) 104 Q 134 (Susan Acland-Hood) 105 Written evidence from the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ) and Q 109 (Simon Davis) 106 Written evidence from the Public Law Project ( CIC0038 ) 107 Nuffield Family Justice Observatory, Remote hearings in the family justice system: a rapid consultation (May 2020): https:// www.nuffieldfjo.org.uk/app/nuffield/files-module/local/documents/ nfjo_remote_hearings_20200507-2-.pdf [accessed 1 February 2021] 108 Written evidence from Dr Kate Leader ( CIC0011 ) 109 Q 44 (Dr Natalie Byrom) 110 Q 109 (Derek Sweeting QC) 111 Q 4 (Rt Hon Lord Burnett of Maldon), Q 110 (Derek Sweeting QC), Q 19 (Professor Dame Hazel Genn), Q 94 (Carol Storer OBE), Q 96 (Cris McCurley) and written evidence from Professor Gráinne McKeever ( CIC0009 ) and the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ), Q 23 (Professor Dame Hazel Genn) 112 Written evidence from the Equality and Human Rights Commission ( CIC0037 ). See, also, Q 109 (Caroline Goodwin QC) and written evidence from the Association of Chief Trading Standards Officers and National Trading Standards ( CIC0005 ). 113 Written evidence from the Council of Her Majesty’s Circuit Judges ( CIC0039 ) 114 Q 44 (Dr Natalie Byrom), Q 96 (Carol Storer OBE) and Q 106 (Derek Sweeting QC) 115 Q 94 (Cris McCurley) 116 Written evidence from Council of Her Majesty’s Circuit Judges ( CIC0039 ) 117 Written evidence from Transform Justice ( CIC0001 ) 118 Written evidence from Professor Gráinne McKeever ( CIC0009 ), a Benefits Advisor ( CIC0044 ) and Citizens Advice Stevenage ( CIC0021 ) 119 Q 134 (Rt Hon Robert Buckland QC MP) 120 Ministry of Justice, More support for those representing themselves in court (19 August 2020): https://www.gov.uk/government/news/more-support-for- those-representing-themselves-in-court [accessed 1 February 2021] 121 Written evidence from Sheffield ME and Fibromyalgia Group ( CIC0013 ) and the Crown Prosecution Service ( CIC0036 ) 122 Written evidence from Mischon de Reya LLP ( CIC0023 ) 123 Written evidence from Transform Justice ( CIC0001 ), Sheffield ME and Fibromyalgia Group ( CIC0013 ) and the Public Law Project ( CIC0038 ) 124 Q 20 (Professor Richard Susskind OBE), written evidence from the Public Law Project ( CIC0038 ), Dr Kate Leader ( CIC0011 ) and Transform Justice ( CIC0001 ) 125 Q 24 and Q 25 (Professor Dame Hazel Genn) 126 Written evidence from a Benefits Advisor ( CIC0044 ) 127 Q 42 (Dr Natalie Byrom) 128 Nuffield Family Justice Observatory, Remote hearings in the family justice system: a rapid consultation (May 2020): https://www.nuffieldfjo. org.uk/app/nuffield/files-module/local/documents/nfjo_remote_ hearings_20200507-2-.pdf [accessed 1 February 2021] 129 Q 99 (James Sandbach) 130 Q 19 (Professor Dame Hazel Genn) 131 Q 21 (Professor Dame Hazel Genn), Q99 and Q100 (Carol Storer, Cris McCurley), Q100 (James Sandbach) 132 Q 99 (Carol Storer OBE) 133 Q 100 (James Sandbach) 134 Written evidence from the Law Society of England and Wales ( CIC0028 ) 135 Q 107 (Simon Davis) 136 Q 107 (Caroline Goodwin QC) 137 The Bar Council, Whole Bar Survey July 2020: Summary of findings (27 July 2020): https://www.barcouncil.org.uk/ uploads/assets/4fb6e80c-5e2c-4cb3-859547bf9f82d946/Bar-Survey-Summary-Findings-July-2020.pdf [accessed 1 February 2021] 138 Q 107 (Derek Sweeting QC) 139 Q16 (Rt Hon Lord Burnett of Maldon) 140 Q 138 (Rt Hon Robert Buckland QC MP) 141 Ministry of Justice, More support for those representing themselves in court (19 August 2020): https://www. gov.uk/government/news/more-support-for-those-representing-themselves- in-court [accessed 1 February 2021] 142 Ministry of Justice, £50 million for legal aid sector (21 August 2020): https ://www.gov.uk/government/news/50-million-for-legal-aid -sector [accessed 1 February 2021] 143 Written evidence from Tristan Kirk ( CIC0042 ) 144 Written evidence from the Public Law Project ( CIC0038 ) and Transform Justice ( CIC0001 ), and Q 40 (Dr Natalie Byrom) 145 Written evidence from Tristan Kirk ( CIC0042 ) 146 Written evidence from Transform Justice ( CIC0001 ) 147 The Civil Justice Council and the Legal Education Foundation, The impact of Covid-19 measures on the civil justice system: Report and recommendations (May 2020): https://research.thelegaleducationfoundation.org/research-learning/funded-research/the -impact-of-covid-19-measures-on-the-civil-justice-system -report-and-recommendations [accessed 1 February 2021] 148 Q 40 and Q 45 (Dr Natalie Byrom) 149 Written evidence from the Transparency Project ( CIC0019 ) 150 Written evidence from the Public Law Project ( CIC0038 ) 151 Written evidence from Tristan Kirk ( CIC0042 ) 152 Ibid. < 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 3: Managing the backlog
  11. 143
    We recommend that the Government provides the assistance and funding necessary to ensure that: (a)... Recommendation Recommendation (the committee's words)
    We recommend that the Government provides the assistance and funding necessary to ensure that: (a) all cases in the Crown Court are tried within one year of the plea and trial preparation hearing; and (b) the average time from charge to disposal in the magistrates’ courts falls to 8 weeks or fewer. The Government should also report to Parliament annually on the progress made in respect of both matters.
  12. 156
    We recommend that the Government reports to Parliament by the end of 2021 on the... Recommendation Recommendation (the committee's words)
    We recommend that the Government reports to Parliament by the end of 2021 on the steps it will take to reduce the proportion of children on remand in custody. Depriving a child of liberty should always be a last resort and for the shortest possible time. Alternatives to custody, such as enhanced monitoring arrangements, should be utilised wherever possible.
  13. 157
    We recommend that any further extension to custody time limits be scrutinised and debated by... Recommendation Recommendation (the committee's words)
    We recommend that any further extension to custody time limits be scrutinised and debated by Parliament before taking legal effect. The extension of custody time limits is a significant policy decision with serious implications for the right to liberty and the rule of law. Adequate Parliamentary scrutiny and debate is essential for a change of such fundamental constitutional importance to take effect. Civil courts and tribunals
  14. 169
    We recommend that the Government explores additional ways to reduce the backlog in the family... Recommendation Recommendation (the committee's words)
    We recommend that the Government explores additional ways to reduce the backlog in the family courts as a matter of urgent priority. Additional funding for temporary courtrooms in suitable buildings, greater use of retired and part-time judges, and greater use of alternative dispute resolution would help to reduce the backlog in the family courts (see further paragraphs 208 – 214 and 234 – 239 ). The Employment Tribunal
  15. 187
    We recommend that the Government sets out detailed plans for reducing the backlog of criminal,... Recommendation Recommendation (the committee's words)
    We recommend that the Government sets out detailed plans for reducing the backlog of criminal, family, and employment cases, including a timeline for implementation. Ineffective use of new real estate
  16. 193
    We recommend that the Government be required to explain precisely how they are using the... Recommendation Recommendation (the committee's words)
    We recommend that the Government be required to explain precisely how they are using the Nightingale courtrooms, how many cases are being heard in each of these new venues, and the factors it takes into account when identifying new venues for additional Nightingale courtrooms. Health and safety
  17. 209
    We recommend that further funding be made available to HMCTS to significantly increase the number... Recommendation Recommendation (the committee's words)
    We recommend that further funding be made available to HMCTS to significantly increase the number of Nightingale courtrooms open by the end of 2021. An increase in sitting days
  18. 237
    We recommend that HMCTS facilitates and encourages greater use of alternative dispute resolution in appropriate... Recommendation Recommendation (the committee's words)
    We recommend that HMCTS facilitates and encourages greater use of alternative dispute resolution in appropriate civil cases, subject always to the condition that access to justice is secured through its use. Data-driven solutions
  19. 240
    We recommend that the Government sets out clear plans, both short-term and long-term, for addressing... Recommendation 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
  20. 262
    We recommend that HMCTS sets out what steps it will take to catalogue available courts... Recommendation Recommendation (the committee's words)
    We recommend that HMCTS sets out what steps it will take to catalogue available courts data, including clear timelines for making appropriate data available to the general public. Experiences of non-professional users
  21. 271
    We recommend that HMCTS prioritises the collation of data that will enable it to identify,... Recommendation Recommendation (the committee's words)
    We recommend that HMCTS prioritises the collation of data that will enable it to identify, and the public to scrutinise, the effects of the increased use of digital technology on non-professional court users.
  22. 273
    We recommend that HMCTS sets out its strategy by the end of 2021 for analysing:... Recommendation Recommendation (the committee's words)
    We recommend that HMCTS sets out its strategy by the end of 2021 for analysing: (a) how different categories of individuals use courts and tribunals and (b) what barriers to access there are for non-professional users.
  23. 19
    We recommend that the Government prepares and publishes a statement setting out: (a) the lessons... Recommendation · paragraph 77 Recommendation (the committee's words)
    We recommend that the Government prepares and publishes a statement setting out: (a) the lessons it has learned from the uneven adoption of new technologies during the pandemic; (b) how these lessons will inform the future development and implementation of the HMCTS reform programme; and (c) how the Government plans to support the courts and other public services to make full and effective use of new technologies introduced in future.
  24. 36
    We recommend that the Government sets out how it is responding to the fact that... Recommendation · paragraph 145 Recommendation (the committee's words)
    We recommend that the Government sets out how it is responding to the fact that court delays appear to have resulted in a reduction in prosecutions and convictions.
  25. 45
    We recommend that the Government considers how alternatives to litigation might be implemented to alleviate... Recommendation · paragraph 178 Recommendation (the committee's words)
    We recommend that the Government considers how alternatives to litigation might be implemented to alleviate the volume of housing repossession cases awaiting disposal in the courts.
  26. 47
    We recommend that measures to address the backlog be demonstrably effective, well-funded and implemented urgently. Recommendation · paragraph 182 Recommendation (the committee's words)
    We recommend that measures to address the backlog be demonstrably effective, well-funded and implemented urgently. Actions taken to reduce the backlog must also be manageable for those working in the justice system, including judges, court staff and legal professionals.
  27. 55
    We recommend that the Government takes additional steps to encourage and facilitate remote hearings, especially... Recommendation · paragraph 200 Recommendation (the committee's words)
    We recommend that the Government takes additional steps to encourage and facilitate remote hearings, especially when the risk of infection is at its highest. The decline in the use of the Cloud Video Platform suggests a missed opportunity to keep court users safe by holding more hearings remotely.
  28. 60
    We recommend that the Government further increases the number of sitting days, particularly in the... Recommendation · paragraph 211 Recommendation (the committee's words)
    We recommend that the Government further increases the number of sitting days, particularly in the Crown, magistrates’ and family courts and in employment tribunals.
  29. 63
    We recommend that the Government takes additional steps to further enhance judicial capacity. Recommendation · paragraph 214 Recommendation (the committee's words)
    We recommend that the Government takes additional steps to further enhance judicial capacity. Shortages in the number of available judges could be alleviated through greater use of recorders in the Crown Court and further investment in the recruitment and training of new judges.
  30. 74
    We recommend that HMCTS sets out plans for implementing each of the Byrom recommendations that... Recommendation · paragraph 253 Recommendation (the committee's words)
    We recommend that HMCTS sets out plans for implementing each of the Byrom recommendations that it has accepted, the steps that will be taken, and the timeline for doing so.
  31. 75
    We recommend that the Ministry of Justice sets out in greater detail its plans for... Recommendation · paragraph 254 Recommendation (the committee's words)
    We recommend that the Ministry of Justice sets out in greater detail its plans for data reform across the courts service, specifying the short- and longer-term projects that will be implemented to enhance the collection, analysis and publication of courts data.
  32. 84
    We recommend that HMCTS sets out its plans for collecting the 13 data points identified... Recommendation · paragraph 275 Recommendation (the committee's words)
    We recommend that HMCTS sets out its plans for collecting the 13 data points identified by Dr Natalie Byrom for assessing the vulnerability of court users. This should include a clear commitment to collecting this data across all court services, both physical and digital, within specified timeframes.
  33. 87
    We recommend that HMCTS sets out specific deadlines and targets for the collection, evaluation and... Recommendation · paragraph 281 Recommendation (the committee's words)
    We recommend that HMCTS sets out specific deadlines and targets for the collection, evaluation and publication of data on the protected characteristics of court users.
  34. 89
    We recommend that HMCTS collects data on remote hearings and corresponding case outcomes so that... Recommendation · paragraph 287 Recommendation (the committee's words)
    We recommend that HMCTS collects data on remote hearings and corresponding case outcomes so that the effects of remote hearings can be analysed and published.
  35. 93
    We recommend that the Government continues to invest in and develop the technology for remote... Recommendation · paragraph 300 Recommendation (the committee's words)
    We recommend that the Government continues to invest in and develop the technology for remote hearings and the guidance to support it, learning from its use during the pandemic. There should be an ongoing process of engaging with researchers and the legal sector to ensure that access to justice is secured during the development and implementation of technology to facilitate remote hearings.