Courts: Coronavirus

(asked on 22nd April 2021) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the adequacy of facilities for lawyers to safely see their clients at courts during the covid-19 outbreak.


Answered by
Chris Philp Portrait
Chris Philp
Minister of State (Home Office)
This question was answered on 27th April 2021

HMCTS buildings are COVID-secure and we continuously monitor and review our guidance and practices to ensure that we are complying with the latest public health advice. There is an ongoing dialogue with legal professionals at all levels to allow them to feed into this process. Where there are concerns about capacity legal professionals can raise this locally, regionally or nationally. For staff and agency staff in HMCTS as a whole (including tribunals), positive test rates are falling in line with national numbers. The incident rate amongst staff is trending around the national average.

The HMCTS Organisational Risk Assessment sets out the suite of measures put in place to ensure our buildings remain safe for those who use them, and these measures have been developed with the endorsement of public health agencies. All court and tribunal buildings are individually risk assessed – at least weekly – to make sure they continue to meet public health guidelines. These assessments include the spaces for lawyers to safely see their clients. A copy of the court assessment can be obtained from the senior person on site.

Where it has been assessed as safe to do so, rooms within a court building suitable for private consultations are open. These rooms can be identified by posters on the doors, which confirm the maximum capacity and safety measures to be followed. More rooms will open once the Government’s review on social distancing measures and public health advice allows this to happen safely.

In relation to mobile units, HMCTS has prioritised the available space on its estate to house portable cabins to increase the ability to conduct more jury trials. The cabins are used by jurors who are safely marshalled, to limit transmission risk, between the cabin and court room. HMCTS will continue to prioritise the use of cabins in this way as part of a wider package of recovery measures, such as the use of Nightingale courts, that form its overall response to the pandemic.

Both HMCTS and HMPPS have taken action to provide measures to keep consolations with defendants in custody as safe as possible. Since the start of the pandemic, HMPPS took urgent action to enable the criminal justice system (CJS) to continue running by enabling CJS professionals to consult defendants in custody by video. First, it enabled secure remote access to the previously closed prison–to–court video links by deploying over 900 cloud video platform video meeting rooms. HMPPS then increased physical video capacity by over 50% in prisons with a remand function and by over 77% across the wider custodial estate. To date, 371 new video points have been installed, with further installations planned in the coming weeks. In addition, prisons with a remand function were asked to extend their video operating hours.

There will be occasions when lawyers must meet their clients in the court cells. HMCTS works closely with the Prisoner Escort and Custody Services (PECS), who have the responsibility to risk assess the custody areas, to keep the same level of safety maintained throughout the court building. As public health advice changes, PECS review, assess and adapt their risk assessments accordingly to ensure that the custody suite remains safe. This ensures transmission risk is kept to a minimum during client consultations and the transfer of prisoners from cells to the court room. HMCTS will record, on its site-specific risk assessment, any safety concern identified by PECS and the action taken to resolve.

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