Covid-19 Virtual Hearings 2020-06-04
2020-06-04
TAGS
Response quality
Questions & Answers
Q1
Direct Answer
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Context
The question arises from the need to adapt court proceedings during the COVID-19 pandemic.
What assessment has been made of the ability of the CPS to participate successfully in virtual hearings during the covid-19 outbreak?
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.
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Assessment & feedback
Response accuracy
Q2
Direct Answer
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Context
The question addresses the inclusivity and accessibility issues in virtual hearings.
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?
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.
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Assessment & feedback
Response accuracy
Q3
Partial Answer
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Context
The question pertains to long-term considerations and learning from the current implementation of virtual court proceedings.
What learning can the justice system take from this period and will virtual hearings continue in future?
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.
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Assessment & feedback
Future plans for virtual hearings were not explicitly detailed.
Response accuracy
Q4
Partial Answer
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Context
The question addresses concerns about case backlogs caused by the pandemic.
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?
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.
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Assessment & feedback
Specific timeline or resources for addressing backlogs were not provided.
Response accuracy
Q5
Partial Answer
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Context
The question focuses on measures to support vulnerable individuals using virtual court proceedings.
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?
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.
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Assessment & feedback
Specific new initiatives or expanded support not detailed.
Response accuracy
Q6
Partial Answer
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Context
The question questions the impartiality of certain political communications by Law Officers.
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?
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.
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Assessment & feedback
Politicising The Issue
Dismissing The Premise
Response accuracy
Q7
Partial Answer
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Context
The question highlights concerns about under-resourcing of CPS affecting prosecution rates.
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?
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.
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Assessment & feedback
Additional details on prosecution rates or specific funding not provided.
Response accuracy
Q8
Partial Answer
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Context
Concerns have been raised about the adequacy of virtual hearings, particularly regarding the protection of vulnerable witnesses and defendants.
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?
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.
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Assessment & feedback
Specific measures for protecting vulnerable individuals were not detailed
We Do Not Micromanage That
Each Individual Judge Is Responsible
Response accuracy
Q9
Partial Answer
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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.
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.
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.
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Assessment & feedback
Specific details on serving victims' interests were not provided
Each Individual Circumstance Will Be Assessed
Response accuracy