The Courts have come to a halt in recent weeks, they have shut their doors to the public and also for those who are not in custody. This has meant my colleagues and I at Elliot Mather have had to adapt our working methods and operate in a way we have never done before.

In Derbyshire at the present time Chesterfield Magistrates court is not open and Derby Magistrates court is hearing all Derbyshire cases.  They are however only dealing with cases relating to people in custody, be that Prison or from the police station.  

To allow for social distancing and reduce risk, the only people allowed in the court room are the District Judge or Magistrates, the usher, the legal advisor, the prosecutor and one defence solicitor at a time.  

Those that are due to appear in the Court now do so over a video link from the police station and after some hiccups in the first few days, this is working well.  It is a different way of dealing with cases and one that everyone has had to adapt to quickly.  

I worry about the private consultation between the client and solicitor. This is either facilitated in an empty court room or over the phone.  Sometimes, given the equipment being used, a detained person cannot be left alone therefore there has to be an officer present during the consultation. This has created some difficulties advising a defendant in full, however, as a temporary measure we have been able to work around this.

In ordinary circumstances the law states a person remanded in custody for a matter he denies must have his trial within a specified period – this is known as a custody time limit. Because of the Covid19 outbreak, we have seen many applications to extend custody time limits because the courts have not be able to deal with trials. Fortunately there are now moves to recommence dealing with custody trials wherever possible using remote technology. I welcome this as it is not appropriate for people to linger in custody awaiting a trial for something they deny.  

All matters where the defendant is on bail or answering a postal requisition have been adjourned. This is creating logistical difficulties for the court, CPS and defence solicitors in keeping track of all cases. Anyone who has a case pending at court should ensure they keep in regular contact with their solicitor so they know when their case is next to be considered. They should not attend court unless they are advised by the court or solicitor to do so.

Eventually the courts will open to all matters again and there will be a backlog of work to deal with. This will bring with it a whole range of previously encountered problems and questions for instance what will happen to defendants subject to probation orders which expire without the requisite work being done?  Will Magistrates be sympathetic to breaches of court orders arising directly as a result of the lockdown provisions? One thing I am sure of is that the Court system will never operate in the same way again. This pandemic has expedited the processes around digitalisation for all Criminal Justice system uses and has shown that, with co-operation from all, it can work.  

The real issue for me is whether justice can be done in this new age and whether it will be fair and proper.  As I type this I am waiting on a Magistrates Court to re-open a case that they did yesterday without the defendant or myself making representations. Despite providing our telephone contact details we were never called into the remote hearing.  I hope that this is not a sign of things to come and that remote and speedy justice doesn’t become “rubbing stamping” justice.  All the more reason for a solicitor to be instructed to ensure the CJS remains, as much as it ever was, a level playing field.

Felicity Coats  

• Criminal