Barristers react furiously to Lord Chancellor's claim of 'a lot of support' for extended court hours

The Bar Council has reacted furiously to the Lord Chancellor’s claim that there is “a lot of support” for extending court hours to deal with the coronavirus backlog, likening it to being dumped on Twitter.

Robert Buckland went on BBC Radio 4’s Today programme yesterday to talk about possible late-night and early-morning court sessions as well as ad hoc ‘Blackstone courts’ being set up in empty buildings to address the crisis.

The government is pursuing both options as it seeks to boost court capacity to hear more cases in the wake of the pandemic shutdown.

“There is a lot of support for this from not just the judiciary but from the professions as well and indeed everybody with a deep interest in the criminal justice system”, Mr Buckland claimed.

Mr Buckland was initially misquoted online as having claimed ‘overwhelming support’ for extended hours, which sparked the Bar Council to Tweet an image of a pig flying in response.

Responding to the Lord Chancellor’s words, Amanda Pinto QC, chair of the Bar, said the results of a previous pilot of extended opening hours were never published and insisted lawyers would not support the move without clear evidence it would help tackle “far greater volumes” of work.

“We fully support the moves to increase the number of hearings taking place, both in the courts and remotely, in order to deliver access to justice and reduce the backlog of cases, and appreciate the current complexities involved in listing cases”, she said.

“However, given the seriousness of this illness and attendant risks, it is essential that the health and welfare of vulnerable practitioners are properly taken into account by the courts when considering how to deal with cases in which they are instructed to appear.”

She accused the Lord Chancellor of being “determined to introduce extended operating hours” under the guise of tackling the mounting backlog of case due to the pandemic, but with a view to it being a long-term change.

“I do not need to remind the Bar that not only was the backlog there long before Covid-19 (and deliberately maintained), but the results of the Flexible Operating Hours pilot were never published”, she said in a message to barristers.

“And yet, we are seeing an attempt to rush through plans for inconvenient court hours and even weekend court sittings.

“The MoJ asked us to participate in groups supposedly to consider the viability of extending sitting days; but it is already telling the media that this is a fait accompli.

“This doesn’t feel transparent let alone respectful of those who are trying to engage positively to help. Is this what it’s like to be dumped on Twitter rather than face to face?”

Ms Pinto said lawyers with caring responsibilities would be particularly affected if sitting times started earlier, went into the evening, and stretched to weekends, adding that a third of the Bar are either shielding, self-isolating, caring for others, or are the primary carers for children.

The Criminal Bar Association (CBA) said yesterday that weekend working is “off the table”, but there is a test this week at Liverpool crown court of possible longer hours.

Caroline Goodwin QC, CBA chair, said discussions are underway on bringing forward the start of the morning court session to either 9am or 9.30am, and extending the afternoon session by up to two hours with a possible 6pm finish time.

She stressed that no final decisions have been taken, adding: “It will be the profession that decides what it will do.”

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