Oral Answers to Questions

Chris Philp Excerpts

Tuesday 9th June 2020 Commons Chamber

[Andrew Jones (Harrogate and Knaresborough) (Con)]

What steps his Department is taking to increase the use of video and audio to conduct court proceedings during the covid-19 outbreak.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The increased use of video and audio is a critical component of our response to the current situation. Over the course of the past eight weeks, we have increased the number of daily remote hearings to about 4,000 per day—about a tenfold increase on the pre-coronavirus level. That means that about 90% of all hearings are now being conducted remotely.

[Andrew Jones]

I am very encouraged by that answer. One of the consequences of this current crisis has been the impact on public transport capacity and therefore people’s access to courts. Will my hon. Friend consider the measures brought in in this emergency to be part of the long-term future for delivering efficiency, access, and a timely disposal of justice in our courts system?

[Chris Philp]

My hon. Friend is absolutely right to point to the use of remote technology not just in the current circumstances but long into the future to help the quick administration of justice. We are now in the middle of rolling out the cloud video platform, which is the technology enabling court proceedings to happen remotely. That will be fully rolled out in the Crown court jurisdiction and the magistrates court jurisdiction by the end of this month, we hope.

[Alex Cunningham (Stockton North) (Lab)]

We agree that with a backlog of over 1 million cases outstanding in courts and tribunals at the end of last year, before the coronavirus, virtual courts are part of the answer to tackle this particular crisis. There is, however, evidence of cases being halted because judges have felt that justice was not being properly served and of defendants in virtual courts being likely to get a more severe sentence than if they appeared in person. I also understand that the vast majority of cases have been opened just to be immediately adjourned. What assessment has the Minister made of the effect of these things on people’s lives, and will he agree to publish the number of cases simply opened and adjourned over the last five months?

[Chris Philp]

The data on court listings and hearings is published regularly and available for everybody to see. On the administration of justice, it is for the judge in each case to make sure they are satisfied that justice is served by a remote hearing or by an in-person hearing. Ultimately, decisions about whether a case is heard in person or remotely are taken by the judge, having regard to the circumstances of that case. Making sure that every defendant gets a fair hearing and every witness and victim is treated properly and fairly must remain always at the heart of our approach.

[Gareth Bacon (Orpington) (Con)]

What discussions he has had with the (a) judiciary and (b) Secretary of State for Housing, Communities and Local Government on the exemptions on evicting tenants under the Coronavirus Act 2020.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

What steps his Department is taking to reduce the backlog of court cases that has accumulated as a result of the covid-19 outbreak.

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

As I have suggested already, we are currently engaged in a herculean national effort to get our courts back up and running, starting with the use of remote technology, which I talked about a few moments ago. Beyond that, we are reopening courts that have been closed. We are now up to 168 courts opened as of 3 June, and we intend to open many more in the weeks ahead. We are also working to make sure those courts are used to their maximum safe capacity. Survey work is under way and has been completed in many cases so that we can understand the safe socially distanced capacity in those 168 open courts to make sure we use it fully, but the herculean national effort continues.

[Kerry McCarthy]

There was already a huge backlog of Crown court cases before the coronavirus outbreak. My concern is that many people will be remanded in custody without having been convicted of any offences. Technically they are innocent until proven guilty. What impact has the outbreak had on the time they are having to spend time remanded in custody without having been convicted of an offence? Does he have numbers?

[Chris Philp]

Custody limits do still apply as they did before, and I know that as judges make their individual listing decisions, they have regard to custody time limits approaching. I imagine that individual judges as a matter of practice would seek to prioritise cases where custody time limits are being approached. Where someone has been convicted but awaits sentence, we have been working very actively with the judiciary to prioritise having those cases heard, because if upon sentence there is not a custodial sentence, obviously the person is then free to go. Those cases are being prioritised through the system, but in particular by judges in the way they take their listing decisions.

[Mr Speaker]

The Minister can maybe add Chorley to his list of reopenings.