Over the last 24 hours, we have received many reports of court users (defendants, witnesses, jurors and others) either self isolating or attending court exhibiting the signs of COVID19 as identified by the Government in contravention of the advice on self isolation.  In practice this is meaning that jurors and juries across the country are having to be discharged in ongoing trials and an ongoing public health risk in our courts with inadequate procedures in place.  Similarly levels of hygiene on the court estate are failing to meet basic standards, for example no soap which in the current situation exposes court users to unacceptable risks.
 
At the present time there is a lack of clear guidance as to the situations many of our members are finding themselves in at Court and regarding their attendance at Court.  Statements indicating that the Courts are operating as normal or that it is business as usual emanating from the Government do not reflect the realities on the ground.  Many of our members may have either pre-existing conditions/pregnancy or close family members falling into the priority groups. 
 
We note the strenuous efforts being made by the Senior Judiciary and others to deal with these unprecedented issues and appreciate their continued communications with us at this time.
 
The CBA considers that the current risks posed to court users, including our members, by the continuation of jury trials at this stage, absent proper procedures and protocols being put in place, is too great. Court hearings should be limited to those considered essential for the time being, with others utilising phone and videolinks where appropriate and subject to proper safeguards.
 
We make it clear that the right to trial by jury is a fundamental right enjoyed by all citizens and that this call is for a temporary cessation to allow for proper and considered policies and procedures to be put in place.  We would oppose any effort to curtail this fundamental right and conduct trials without juries.
 
We remind our members that following Government and Public Health England Advice does not breach your regulatory obligations under the BSB handbook. We advise you to follow such advice.   Your health is a priority and we will do all we can to support you.
 
Access the BSB statement here
 
Yours,

Caroline Goodwin QC
Chair