Abstract
ABSTRACT Restrictions imposed during the COVID-19 pandemic in England and Wales accelerated the use of digital technology for remote hearings. Inevitably, a period of trial and error followed, with a hybrid and emergency set of rules for media and public access to hearings. This short article outlines some of the main changes to the conduct of court hearings in 2020–21, and the impact on open justice. We contend that this tumultuous period has highlighted the potential for improved accountability of the justice process, but also unresolved issues around the practical management of public access to courts.
Highlights
The principle of open justice – that justice should be administered so far as possible in public – is a fundamental part of the common law legal system and of the rule of law in a democratic society
That the COVID-19 period should be used as a catalyst for improving and standardising access, in ways that best serve the interests of efficient, fair, and open justice; and there should be a resistance to reverting to the inadequate and inconsistent systems of the physical courts
Forthcoming publication in the Journal of Media Law. patchy in the justice context[42] and we have limited reliable baseline data with which to compare the administration of justice during the pandemic, the emergency measures and changed methods make it ever more urgent to begin collecting a wider range of data as advocated by Byrom in 2019.43 Data on hearing methodology and court user experience and outcomes would help us more accurately analyse the impact of hybrid justice on different aspects of the justice system, including but not limited to, the extent to which the public and members of the media have been able to observe justice during the COVID-19 period
Summary
The principle of open justice – that justice should be administered so far as possible in public – is a fundamental part of the common law legal system and of the rule of law in a democratic society. [R]emote hearings should, so far as possible, still be public hearings This can be achieved in a number of ways: (a) one person (whether judge, clerk or official) relaying the audio and (if available) video of the hearing to an open court room; (b) allowing accredited journalists to log in to the remote hearing; and/or (c) live streaming of the hearing over the internet. Forthcoming publication in the Journal of Media Law. use of live video links generally.[23] Additional changes, including provisions for an Online Procedure Rule committee and further use of remote hearings, e.g. for pre-trial hearings in criminal cases, are anticipated in the Judicial Review and Courts Bill 2021.24. 25 ‘Consultation on “COVID Operating Hours” in Crown Courts’ (Gov.uk, 21 July 2021) accessed 24 August 2021
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
