Commons Sense

House of Commons · Ministers' Questions

Covid-19: Virtual Hearings

Thursday 4 June 2020 · 9 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 2 Partly answered 6 Not answered 0

Key points

  • CPS prosecutors have appeared in over 4,000 virtual hearings since 2 April.
  • The CPS is working with the Courts and Tribunals Service to ensure hearing-impaired individuals can participate in virtual proceedings.
  • The CPS will evaluate the impact of video hearings to determine if benefits should be implemented in the future.

Topics (select to filter)

Questions & Answers

Q1 Ben Spencer Con Runnymede and Weybridge
Crime & Law Enforcement Justice & Courts
Context

The question arises from the need to adapt court proceedings during the COVID-19 pandemic.

Question

What assessment has been made of the ability of the CPS to participate successfully in virtual hearings during the covid-19 outbreak?

Answer from Michael Ellis

Prior to the covid-19 outbreak, CPS lawyers had participated in only a handful of audio and video hearings. I am now pleased to say that since 2 April, CPS prosecutors have appeared in over 4,000 virtual hearings across magistrates and Crown courts.

Answered
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Q2 Scott Benton
Justice & Courts
Context

The question addresses the inclusivity and accessibility issues in virtual hearings.

Question

I am grateful for the response from my right hon. and learned Friend and I know that he will share my commitment to ensuring that all members of society can have equal access to justice and virtual hearings. In that regard, what steps is he taking to ensure that victims with hearing impairments are able to participate in remote hearings?

Answer from Michael Ellis

The CPS is working closely with the Courts and Tribunals Service and interpreters to ensure that victims, witnesses and defendants with hearing impairments of any sort can properly participate in virtual proceedings. Virtual hearings with hearing-impaired defendants have already taken place effectively.

Answered
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Q3 Suzanne Webb
Justice & Courts
Context

The question pertains to long-term considerations and learning from the current implementation of virtual court proceedings.

Question

What learning can the justice system take from this period and will virtual hearings continue in future?

Answer from Michael Ellis

The CPS will engage in evaluation exercises to assess the impact of video hearings. Where there are advantages for all court users going forward, we would want to see those benefits and lessons implemented.

Partly answered

Not addressed: Future plans for virtual hearings were not explicitly detailed.

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Q4 Tom Randall
Justice & Courts
Context

The question addresses concerns about case backlogs caused by the pandemic.

Question

Justice delayed is often justice denied. What discussions has my right hon. and learned Friend had with the Lord Chancellor in order to deal with the backlog of cases in the system?

Answer from Michael Ellis

Work is ongoing with CPS, cross-Government partners and stakeholders to contribute to planning on recovery and clearing the backlog. The CPS East Midlands has been working closely with judiciary, courts service and other key partners to get Crown court up and running as soon as possible.

Partly answered

Not addressed: Specific timeline or resources for addressing backlogs were not provided.

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Q5 Ben Spencer Con Runnymede and Weybridge
Justice & Courts Mental Health
Context

The question focuses on measures to support vulnerable individuals using virtual court proceedings.

Question

One of the challenges of moving virtually is that it can act as a barrier to certain groups, and I am sure that my right hon. and learned Friend would agree that justice needs to be fair, open and available to all. What measures are in place to support people with vulnerabilities—such as people living with disabilities and people with health and mental health issues—in navigating the criminal justice system?

Answer from Michael Ellis

Vulnerable witnesses are entitled to a range of special measures, including screens, live links, remote links, private sessions, prerecording of evidence and the removal of wigs and gowns. Measures are in place to make it easier for vulnerable witnesses and defendants.

Partly answered

Not addressed: Specific new initiatives or expanded support not detailed.

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Q6 Joanna Cherry SNP
Crime & Law Enforcement Justice & Courts Standards & Ethics
Context

The question questions the impartiality of certain political communications by Law Officers.

Question

Whether proceedings are virtual or otherwise, the Crown Prosecution Service must discharge its functions without fear or favour, and so must the Law Officers, given their responsibility for oversight of the CPS. Does the Solicitor General agree therefore that the Law Officers should in future refrain from joining in the sort of orchestrated political tweeting we saw about Mr Cummings's cross-country travels, given that such tweets may have the potential to prejudice any subsequent police investigation or prosecution?

Answer from Michael Ellis

I do not agree with the premise of the question. The fact is that she is seeking herself to politicise the situation. We recognise, respect and cherish the independence of the Crown Prosecution Service, a long tradition in this country.

How: Politicising The Issue, Dismissing The Premise

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Q7 Alex Cunningham Lab
Crime & Law Enforcement Justice & Courts
Context

The question highlights concerns about under-resourcing of CPS affecting prosecution rates.

Question

May I congratulate my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) on her first physical appearance at the Dispatch Box as our shadow Attorney General? There were 394 assaults on police officers in just the Thames Valley and Kent police force areas between March and April—more than the total number of prosecutions nationally. Given that assaults across the country must run into thousands, how is the CPS, bereft of resources, going to prosecute all those cases, virtual or otherwise?

Answer from Michael Ellis

The CPS is not bereft of resources. £85 million was sent before the crisis broke out, which was 100% of its request for funds. Assaults against police officers are given priority by the Crown Prosecution Service and dealt with robustly.

Partly answered

Not addressed: Additional details on prosecution rates or specific funding not provided.

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Q8 Maria Eagle Lab Liverpool Garston
Justice & Courts
Context

Concerns have been raised about the adequacy of virtual hearings, particularly regarding the protection of vulnerable witnesses and defendants.

Question

The Solicitor General has just said that he realises there are concerns about virtual hearings. Can he be clearer about steps to ensure vulnerable witnesses and defendants are properly protected during this period? Beyond accepting an issue exists, what is being done to ensure justice is seen as fair in virtual proceedings?

Answer from Michael Ellis

Each individual court is responsible for ensuring proper actions in each case. Virtual hearings are not appropriate in every instance, especially where vulnerable persons are involved. Judges are instructed to consider these factors when deciding on virtual hearings, aiming to ensure all participants feel comfortable and able to perform their roles.

Partly answered

Not addressed: Specific measures for protecting vulnerable individuals were not detailed

How: We Do Not Micromanage That, Each Individual Judge Is Responsible

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Q9 Rob Butler
Crime & Law Enforcement Justice & Courts
Context

The Crown Prosecution Service has facilitated the continued prosecution of offenders during the crisis. Concerns remain about how victims, many unfamiliar with courtroom systems, are being served.

Question

While the CPS has worked to ensure offenders can be brought to justice, details on measures taken to serve the best interests of victims, who may never have experienced courtrooms before, are sought.

Answer from Michael Ellis

Alternative mechanisms like remote hearings using multiple courtrooms and technology from home can be used. Each case is assessed individually, but caution is exercised; 4,000 virtual hearings have already occurred in magistrates and Crown courts with more expected.

Partly answered

Not addressed: Specific details on serving victims' interests were not provided

How: Each Individual Circumstance Will Be Assessed

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