Order in the court... defendant enters her plea from McDonald’s
Prosecutor and judge concerned over choice of venue for virtual hearing
A 36-YEAR-OLD woman sat outside a McDonald’s restaurant to enter her pleas over a link to Derby Crown Court.
Prosecutor Steven Taylor told the hearing: “I am a little bit concerned,” when he saw on the screen how Kelly Cleary was at a branch of the fast-food takeaway in Birmingham.
Moments beforehand she had pleaded not guilty to charges of making threats to kill and sending a letter to the alleged victim with the intention of causing anxiety and distress.
No further details of the allegation were revealed in court but Judge Jonathan Bennett asked the defendant: “Are you with other people at the moment Miss Cleary?”
Cleary replied: “Just my girlfriend”.
Judge Bennett said: “Next time you need to be somewhere quiet, not sitting outside a McDonald’s.”
Cleary, of School Road, Yardley Green, Birmingham, replied: “I did not have any internet.”
Her case was adjourned until January 15.
Since the first lockdown in March, many hearings at the courts in England and Wales are being conducted remotely over internet links to courtrooms. This was made necessary when jury trials were halted last spring due to the ongoing pandemic.
That has led to a backlog of trials and just this week one was set to begin in February 2022.
It has also seen defendants enter pleas remotely, including from locations such as their bedrooms and outside their homes.
In the summer, jury trials did resume, with a number of highprofile cases being heard at
Derby Crown Court. Included was the murder trial of Daniel Walsh, who was found guilty of killing pensioner Graham Snell in Chesterfield in July 2019. Last week the 30-year-old, of Marsden Street, Chesterfield, was jailed for life and was told it would be 27 years before he is eligible to apply for parole.
And Derbyshire’s courts will continue as normal despite the nation being plunged into a third lockdown.
In a statement, the Lord Chief Justice said defendants, jurors, staff, barristers, lawyers, judges and magistrates will be expected to physically attend the court buildings for hearings “unless it is necessary in the interests of justice”.
Lord Burnett of Maldon said precautionary measures already in place to protect people would continue. He said it was vital the legal process continued to “ensure that the administration of justice continues to function in the public interest”.
In his statement, Lord Burnett said: “We have now entered lockdown for the third time. The courts and tribunals must continue to function.
“The position remains that attendance in person where necessary is permitted under the proposed new regulations.
“This would include jurors, witnesses, and other professionals, who count as key workers.
“Her Majesty’s Courts and Tribunal Service will continue to put in place precautionary measures in accordance with Public Health England and Public Health Wales guidelines to minimise risk.
“All those attending court must abide by guidance concerning social distancing, hand washing, wearing masks etc.
“Judges and magistrates will have a role in making sure this happens. In all our jurisdictions, work, including jury trials, will continue as it did during the lockdown in November and, after initial hiccups, in the earlier and longer lockdown.”
The Lord Chief Justice continued: “The success of the courts and tribunals in England and Wales in continuing to uphold the rule of law and sustain the administration of justice since March has been remarkable.
“The significant increase in the incidence of Covid-19 coupled with the increase in rates of transmission makes it all the more important that footfall in our courts is kept to a minimum.
“No participant in legal proceedings should be required by a judge or magistrate to attend court unless it is necessary in the interests of justice.
“Facilitating remote attendance of all or some of those involved in hearings is the default position in all jurisdictions, whether backed by regulations or not.”