Coronavirus: Law Council calls for urgent process review

NSW and Victorian courts have suspended all jury trials from Monday after a juror complained of flu-like symptoms.

President of the Law Council of Australia Pauline Write says she expressed support for the use of court ‘appearances via telephone or video link, to attend court in appropriate cases, even while under quarantine’. Picture: Sean Davey

The Law Council of Australia is calling for an urgent review of courtroom processes after jury trials were suspended in the nation’s most populous states amid fears packed courts could encourage the transmission of COVID-19.

NSW and Victorian courts have suspended all jury trials from Monday after a case had to be adjourned on Friday after a juror complained of flu-like symptoms.

Both NSW Supreme and District Courts will be affected by the shutdown, with a spokesman saying “steps are taken to seek to limit the close social contact amongst jurors” while the empanelment process was reviewed.

“This decision has been made in response to the Australian Government’s advice to limit

large gatherings and close social contact over an extended period of time,” a spokesman said.

“Judge alone trials, bail applications and civil trials will not be affected.”

The move comes after Court Services Victoria announced it was also suspending jury trials.

“The Supreme Court and the County Court have decided to suspend all new jury trials from Monday, 16 March until further notice,” the Victorian Court Authority said in a statement.

“This means that the jury empanelment process, in which hundreds of potential jurors gather at Court, will not take place until further notice.”

Jury trials already underway in both states would be allowed to continue.

Law Council of Australia president Pauline Wright said it was imperative for the courts to embrace new technological solutions to prevent any delay in the passage of justice.

“Last week, I took part in a briefing with the Commonwealth Attorney-General to discuss the impact of COVID-19 on the administration of justice,” Ms Wright told The Australian.

“I expressed support for courts and tribunals to utilise existing court infrastructure which provides for court appearances via telephone or video link, to allow persons to attend court in appropriate cases, even while under quarantine.

“These measures could also be extended to vulnerable groups such as older persons and people with existing medical conditions.

“However, any measures implemented should not delay matters requiring the immediate attention of courts or unduly limit a person’s access to justice in criminal matters where they may be on remand.”

The Law Institute of Victoria president Sam Pandya said the measure was “regrettable but completely understandable”.

“The measure only affects County and Supreme court cases in Victoria,” Mr Pandya said.

“Civil trials can proceed judge alone but we don’t have that option for criminal trials.

“Suspension of new jury trials and empanelment is a regrettable but completely understandable response – jurors have to work in close proximity to each other in the jury box and room.

“This is likely to lead to some further delays in our justice system – but public health and safety is the priority.”

Law Society of NSW president Richard Harvey said the decision was sensible and said it would allow NSW’s 35,000 solicitors and “parties involved in criminal matters” to make “appropriate arrangements.”

NSW Attorney-General Mark Speakman said he supported the move to suspend jury trials and asked visitors not involved in proceedings to “stay away from any NSW court building,” and that the Local Court would make greater use of video link technologies “to minimise the number of people in court.”

The Northern Territory Local Court also suspended all circuit court services on Saturday until May 1, with all matters affected to be adjourned on their next sitting day.

“Until further notice all applications made for video and audio link will be fast-tracked,” the Northern Territory Local Court said in a statement.

“As usual, urgent domestic violence orders can be dealt by audio link.”

The Australian understands that other states and territories will make a determination on whether they will suspend jury trials later this week.