Crisis could see violent criminals avoid court
A severe virus outbreak could see scores of dangerous criminals walk free, lawyers warned yesterday.
The Criminal Bar Association said an epidemic could deliver a ‘knockout punch’ to an already creaking system, with prosecutions collapsing and violent offenders dodging justice.
The Mail can reveal today that courts are preparing contingency plans to hold trials via video link.
Defendants would be prosecuted in prison or in video-link booths at courts for summary offences such as theft or assault that would normally be dealt with in a magistrates’ court.
HM Courts and Tribunals Service (HMCTS) is seeking emergency legislation to allow suspects to be tried remotely for these summary offences.
But James Mulholland QC, vice chairman of the Criminal Bar Association, said: ‘The criminal justice system is already on its knees.
‘System is already on its knees’
Coronavirus may well deliver the knockout punch. The system is not properly set up to deal with a volume of cases via video link.
‘If it becomes a pandemic the system will completely collapse. Prosecutions are already at their lowest ever level.
‘You are looking at officials making value-based judgments on which cases should be prosecuted and which to delay or drop.
‘The public will suffer again and again as they will be put at risk by individuals who should be locked up for violent offences who will likely go free.’
Yesterday, a West Country pensioner who smuggled £53million of rare eels to the Far East was spared jail after the Old Bailey heard he may be vulnerable to coronavirus.
Gilbert Kho, 67, imported the elvers from Spain before hiding them under hauls of chilled fish and sending them to Heathrow.
He was given a suspended sentence after his barrister Martin Hicks said: ‘His age and underlying health concerns makes him vulnerable in light of the current coronavirus concerns.’
Separately, the trial of a dying Army veteran accused of a fatal shooting during the Troubles was postponed because of his ill health. Dennis Hutchings, 78, faces charges over the death of 27-year-old JohnPat Cunningham 46 years ago.
His trial was adjourned after the court heard that the pensioner, who is on dialysis for kidney failure and has heart disease, is being treated for a chest infection and is susceptible to coronavirus.
Officials are preparing for delays because there are not enough video facilities to hear every case. If the outbreak reaches pandemic levels, it is likely minor cases will be put back or even dropped.
For summary offences, proceedings must start within six months of the crime being committed.
It is envisaged that crown court cases for more serious offences such as murder or rape would proceed because it is impossible to swear in jurors or present evidence to them on a video link.
An HMCTS spokesman said: ‘We have well- established plans in place to ensure we can continue to deliver key services.’