Open Justice at Snaresbrook Crown Court during Covid

Court Report: 28th July 2020 @ Snaresbrook Crown Court

The principle of Open Justice as Lord Chief Justice Hewart infamously described, “…is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”.

With the social distancing measures of Covid-19 still affecting day to day life, this week I donned a face mask and became the Mouse in the Snaresbrook Courtrooms to see how Open Justice is maintained in this Crown Courts in 2020.

First up was the Sentencing of Mr ‘DP’ in Courtroom 5 before His Honour Judge P Southern.  As I was waiting to go in a sadly empty canteen stood closed nearby (one is partial to a coffee and a cheese sandwich).  Rest assured I was told it would be reopening within the next few weeks.

The case was called and a short queue of maybe 5 people formed by the doors.  I’d love to tell you what happened in the case… are there reporting restrictions in place I hear you ask? … or maybe issues of National Security? Nothing that interesting I’m afraid – the four in front of me are family members and the court only has capacity for 1 observer.  Ergo three disappointed family and one disappointed mouse.

The morale of the story is that if you don’t want anyone to observe your case – invite your family and make sure they’re at the front of the queue!

Cutting my losses, I went to witness the trial of ‘CM’ in Court 6.  The public were helpfully directed along 12 miles of corridors and a convoluted one-way system towards Court 11 where the trial would be displayed using the medium of video technology and a flat screen TV mounted some 10 meters away from the seats.  It was broadcast that the trial was delayed due to a witness not showing up and so I was quickly kicked out of court 11 with the usher slamming the door behind me and locking it just as fast.  Whether she expected me to peek in through the glass panel in case the trial resumed I’m not sure.

Finally we have time to nip into Court 9 before Her Honour Judge S Canavan for what’s listed as a ‘Further Case Management’ hearing involving an ‘HR’.  It’s down as being heard ‘via CVP’ aka the Cloud Video Platform – the HMCTS equivalent of Zoom.  More and more cases are being heard digitally by CVP so I’m curious how this works.

Not very well!  I’ve been sat by an open window almost at the furthest point possible from the Judge as can be.  The Judge is participating on her laptop and I strain to hear the parties as they emanate from the small and tinny speakers.  I can just about make out that the trial date has been set – a 2 day estimate starting on 26th July 2021.  The court rules that all parties must attend “no matter what is going on in the world”.

Towards the end of the hearing the judge remarks to an advocate that she’s noticed his hair and beard are getting longer.  She “looks forward with interest to see how long they get”.  As someone with no view of the screen so do I!

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