Emergency courts could be set up in empty town halls and universities this summer to help tackle the backlog of work which has rapidly mounted during the coronavirus lockdown.
The Ministry of Justice is looking for buildings around the country which could host so-called ‘Nightingale Courts’, outside of the traditional courthouse settings where social distancing will be easier to accommodate.
It is hoped some alternative venues will be pinpointed this month, with the aim that they can take on court work from August, it has been revealed.
In a joint announcement today from the Lord Chief Justice Lord Burnett, Lord Chancellor Robert Buckland, and Senior President of Tribunals Sir Ernest Ryder on the reopening of some closed courts, they confirmed: “Work has also begun to identify suitable venues to house so-called ‘Nightingale’ courts.
“These would use public spaces, such as civic centres or university moot courts, to allow traditional court buildings to manage more work while maintaining social distancing – whether that be by hosting full hearings or allowing victims and witnesses to attend remotely.”
Lisa Roberts QC, the leader of the Northern Circuit, said in a message this weekend that the Lord Chancellor had given permission for her to discuss the work being done on the project, in a collaborative effort between the MoJ, judges, lawyers, and other court users.
“By mid-June HMCTS hope to identify a number of buildings that can open in August/September to ‘get things moving.’”, she wrote.
“(The Lord Chief Justice) says that a plan is being developed quickly and is led by the senior judiciary.”
She added: “If every court on the Circuit is open for trials, we can’t begin to dent the backlog in any meaningful way. Alternative buildings are needed now as is urgent government funding. They could house work which does not need a secure dock or a cell area.
“Why not shift some civil, family, Business and Property Courts work out of conventional courts and into spaces large enough to accommodate them?”
The backlog of cases in the criminal justice system stood at 37,000 before the coronavirus crisis struck, and is estimated to be growing by around 1,000 a month while the number of cases being heard has been severely limited.
A handful of courts around England and Wales, including the Old Bailey, have started conducting jury trials again with social distancing measures in place, but the majority of courts have been limited to pre-trial hearings and sentencings.
In today’s announcement, it was revealed that 16 courts which had been temproarily shut down by the coronavirus outbreak will be reopening this week, including Romford Magistrates Court and Barnet Civil and Family Centre.
Mr Buckland praised the judiciary and court staff for ensuring that “justice has not stood still” in recent months, pivoting to virtual hearings and adapting to the health regulations on social distancing in court buildings.
“A functioning justice system is one of the hallmarks of a healthy democracy and today’s update will give confidence to people up and down the country that justice can continue to be done in a way that is safe for all court users”, he said.
The Lord Chief Justice has said that the courts and ministers will have to be “imaginative” on the solutions for the courts crisis, urging that the buildings are used to their limits once the pandemic has passed. He told Parliament that lawyers and judges are hoping for central government support and funding to tackle the backlog and reinvest in the justice system when the courts return to normality.