Court proceedings during lockdown (FOI)

Request

I wish to know the following information regarding the running of Jersey Courts throughout the coronavirus outbreak.

Magistrates Courts, Royal Court and Appeal Court

A

What are the safety measures that are being implemented in Magistrates’ Courts, the Royal Court and the Appeal Court for Court staff, defendants, advocates, lawyers and members of the public for priority hearings?

B

Are Jersey Court staff being issued with and being required to wear protective facemasks and see through face coverings for priority hearings in Magistrates’ Courts, the Royal Court and the Appeal Court?

C

If so, when was this implemented?

D

If not, is it proposed to do so and when?

Other Jersey Civil Courts

E

What are the safety measures that are being implemented in other Jersey Civil Courts for Court staff, defendants, lawyers and members of the public for priority hearings?

F

Are Jersey Court staff being issued with and being required to wear protective facemasks and see through face coverings for priority hearings in other Civil Courts?

G

If so, when was this implemented?

H

If not, is it proposed to do so and when?

Electronic Distance Hearings in Jersey Criminal Courts

I

Where distance hearings are taking place in the Magistrates’ Courts, the Royal Court and the Appeal Court, what technology is being used for the Courts and the respective parties?

J

In cases where the defendant is acting in person, what technology is being used where the defendant is not in custody?

K

In cases where the defendant is acting in person, what technology is being used where the defendant is not in custody and does not have access to a computer with a camera or any immediate online facilities?

Electronic Distance Hearings in other Jersey Civil Courts

L

Where distance hearings are taking place in other Jersey Civil Courts, what technology is being used for the Courts and the respective parties?

M

In cases where the plaintiff and / or defendant are acting in person, what technology is being used?

N

In cases where the plaintiff and / or defendant are acting in person, what technology is being used where the plaintiff and/or defendant does not have access to a computer with a camera or any immediate online facilities?

Response

A

The Judicial Greffe implements safety measures in all Courts following the Government of Jersey guidance in force at the time. Measures are constantly under review to ensure that guidance is best adapted to the particular layout of the Court buildings and the safety of all Court users. Apart from following the guidance particular measures put in place for the Courts include:

• creation of social media groups for each team to maintain contact between all staff wherever they are

• only staff with essential work requiring their presence at the office to come in to work

• essential staff attendance in the office rotated in groups where possible

• regular cleaning of contact hot spots in the office and Courts throughout working hours

• Magistrate’s Court building closed to public access

• alcohol based hand gel provided and used at all entrances and key sites

• default holding of all hearings and registrations or swearing in by remote video or audio

• all submissions of bundles for hearings in the Royal Court to be electronic rather than paper

• reconfiguration of Royal Court seating and camera set up to appropriately space any counsel who have to attend in person: arrangements now in place to allow up to 10 people in the public gallery in marked positions

• installation of hygiene screens between the Judge and the Greffier position in Courts in the Royal Court building

• emergency provisions enacted in law to allow the Courts to function while ensuring the safety of all Court users, which in particular allow the Court to minimise the requirement to attend Court in person. These Regulations are the Covid-19 (Emergency Provisions– Courts) (Jersey) Regulations 2020 which are published on the Jersey Legal Information Board website at the following link:

Jersey Legal Information Board

• the Magistrate’s Court provides public information updates describing measures in place at that Court on the www.gov.je website on this page:

Court lists: Royal Court, Petty Debts and Magistrate's Court

B

Jersey Court staff are not being issued with and being required to wear protective facemasks and see through face coverings for priority hearings in any Courts.

C

Not applicable 

D

Should the Government of Jersey guidance require any changes with regard to the use of protective equipment for staff the Judicial Greffe will follow those changes.

E

Please see the response to question A.

F

Please see the response to question B.

G

Please see the response to question C.

H

Please see the response to question D.

I

Court rooms at the Royal Court, the Magistrate’s Court and the Tribunal Service have been equipped with video conferencing equipment which allows the Court room to join video meetings being held in the cloud. The Judicial Greffe or Prison schedules a video meeting in the cloud and invites parties to join that meeting with the Court for the hearing. The Courts have adopted StarLeaf as their preferred virtual meeting room software as supported and recommended by Modernisation & Digital. We also have available virtual meeting rooms provided by Kinly associated with the video conferencing equipment installed in the Courts.

J

Parties can use any hardware and software combination which allows them to connect to the cloud based meeting. StarLeaf provides a free App which is available for smartphone, tablet and Windows or Mac laptop. There are other options provided by StarLeaf for connection without their App and the Judicial Greffe provide advice on these options when necessary. With StarLeaf and Kinly we are able to provide a comprehensive range of options for parties to arrange their own connection or for bridging to remote facilities such as video witness rooms at the Prison or in a UK Magistrate’s Court. These arrangements are the same whether a party is acting in person or is represented.

K

The technical resources available to a party are always taken into account and steps taken to ensure they have the necessary access to their hearing. This may mean arranging access to a computer with a camera or simply using a voice conference call via phone if it is agreed that is sufficient for the purpose at hand.

L

Please see the response to question I.

M

Please see the response to question J.

N

Please see the response to question K.