House of Lords Constitution Committee launches call for evidence on operation of courts and tribunals in response to coronavirus pandemic

Peers seek evidence on questions including effectiveness of virtual proceedings and whether they should continue when social distancing ends

The House of Lords Constitution Committee has launched a call for evidence on the operation of courts and tribunals in response to the coronavirus (COVID-19) pandemic.

As part of a broader inquiry into the constitutional implications of COVID-19, the Committee is seeking evidence on questions relating to the workings of courts and tribunals in response to the pandemic and what the future of the justice system might look like as a result, including -

Virtual proceedings

• How effective are virtual court and tribunal proceedings? What are the benefits, disadvantages and challenges of virtual proceedings?
• What is the impact of virtual proceedings on (1) litigants, (2) lawyers, (3) judges, (4) court staff, (5) media, (6) the public? What support is available to them and what is required?
• What are the implications of virtual proceedings for: (1) access to justice, (2) participation in and fairness of proceedings, (3) transparency and media reporting, (4) adversarial vs inquisitorial styles of proceeding?
• What difference, if any, might virtual proceedings make to the outcomes of cases?
• Are the IT systems in the courts fit for purpose to support virtual proceedings?
• Should virtual court proceedings continue after the end of social distancing? If so, for what types of proceedings? If so, how might they be used to extend, rather than just maintain, access to justice?

Physical proceedings

• What measures are required to maintain the safety of people attending courts in person? Is the courts estate capable of providing socially-distanced justice?
• What are the implications of virtual proceedings for the programme of courts modernisation and court closures?
• What are the benefits and risks of replacing juries with judges for some types of case?

Progress of cases

• What types of case are proceeding, both physically and virtually, during lockdown?
• What types of case are not making progress and what are the implications of that?
• What types of case should be prioritised during the pandemic?

NB - the deadline for submissions is Thursday 20 August at 12 noon.

The House of Lords Constitution Committee's call for evidence on the Constitutional implications of COVID-19: Courts is available from parliament.uk