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Law360, London (April 14, 2020, 6:37 PM BST ) In a little over two weeks since courts in England and Wales closed their doors due to the coronavirus, the vast majority of cases are now being held online in virtual courtrooms and tribunals, according to new government data.
Part of an unprecedented break with tradition that's testing the capacity of the judiciary's ability to ensure justice continues, over the past three weeks the number of cases being held daily via a video link has grown from 136 to 1,080, according to HM Courts & Tribunal Service.
Over that same span, audio hearings have ballooned from 81 to 1,846, as attorneys, judges and the public adapt to attending remotely.
Some courts and tribunals have kept their doors open to jurors, attorneys and court staff, but as of April 6 around 85% of all cases being heard in the U.K. were held using audio and video technology, according to HM Courts & Tribunals.
The changes are part of the government's plan to keep the justice system running, albeit "focused on the most essential cases" as attorneys and judges learn to adapt to hearings held over the telephone and via apps like Skype.
All criminal and civil jury trials have been called off for the moment, while magistrate courts, civil and family courts have shifted to remote technology. Court staff have been deemed essential workers, but just 157 court and tribunal buildings — 42% of the total — have been left open with face-to-face hearings.
The lord chief justice of England and Wales, Ian Burnett, has said the temporary adjustments, including the increased use of technology to conduct some hearings remotely, will help ensure the work of the courts continues so that access to justice doesn't "become a mirage."
Media and members of the public have been allowed to attend the remote sessions by contacting clerks for call-in details and copies of judgments, which are also being posted online on the nonprofit website Bailii.
On Tuesday, Britain's Supreme Court conducted a case entirely by video link for the first time in its history, after deciding to close its building to the public.
HM Courts and Tribunals was roundly condemned by lawyers over the lack of hygiene standards in buildings kept open, even as the government began closing schools and advising workers to stay home.
The changes have led to high-profile civil and criminal trials being delayed, as well as the first-ever digital hearing before the U.K. Supreme Court.
Attorneys say the pandemic has sped up the court systems' uptake of technology, signaling where courts may go in the future.
--Additional reporting by Richard Crump, Bonnie Eslinger and Paige Long. Editing by Alyssa Miller.
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