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Coronavirus could prompt the biggest changes to jury trials since World War Two, the head of judiciary in England and Wales has stated.

Social distancing measures could lead to fewer jurors at trials, and sittings needing to be moved to large venues such as lecture theatres, remarked Lord Chief Justice, Lord Burnett.

If social distancing continues it will be necessary to look at more radial measures to enable jury trials to continue, such as reducing the number of jurors; as seen during the Second World War.

A working group chaired by Mr Justice Edis and including the Law Society, Bar Council and Criminal Bar Association, is meeting weekly to consider how and when jury trials might resume safely in England and Wales.

Lord Burnett believes any resumption soon would require identifying "very large courtrooms where it's possible to envisage participants maintaining social distancing. Another courtroom would need to be made available through videolink, so that the press and public can view proceedings whilst maintaining social distancing.

Virtual juries?

Geoffrey Robertson QC favours allowing defendants to elect to be tried by a judge alone to help ease the current crisis.

While the human rights group JUSTICE believes safe social distancing is impossible and advocates a technological solution.

There have been a series of virtual mock jury trails to test viability and safety, with positive academic evaluation stating the work merited careful scrutiny.

JUSTICE has been engaging extensively with HMCTS over the impact of COVID-19 on the courts and tribunals. ‘We are concerned that courts and tribunals should continue to afford access to justice as far as possible during this emergency period. We have contributed to HMCTS thinking on principles for conducting fair video hearings, assisting in the design of questions for consultation and preparing a response described as “extremely thorough and useful.” This is being fed into cross jurisdictional plans for AV research, guidance and design of the technical solution’.