Covid-19 and the Jury Trial

Millar, Maddy and Aliu, Loren and Helm, Rebecca K. and Chen, Qi (2023) Covid-19 and the Jury Trial. In: Covid-19 and Criminal Justice : Impact and Legacy in England and Wales. Routledge, London. ISBN 9781003281481

Abstract

Since Covid-19 was declared a pandemic, the criminal justice system has been confronted with instability and uncertainty. The Crown Court case backlog has grown significantly – increasing by 48% between March 2020 and June 2021, to around 61,000 cases. This backlog has put pressure on the criminal justice system and led to calls for changes to ameliorate pressures and reduce the backlog. This chapter explores the impact of Covid-19 on jury trials specifically, and briefly draws on this exploration to critique suggested reform. It outlines logistical and administrative challenges that were facing the jury system prior to Covid-19, and how these challenges have been exacerbated by the pandemic, both generally and specifically in cases involving sexual offences trials. Drawing on psychological theory and empirical research, it also suggests more subtle influences of the pandemic – through influencing the experiences and mindsets of the community generally, the pandemic has likely influenced the mindsets, and relatedly the judgments, of the jury as community decision-makers. In this context, procedural changes that have been suggested to help the jury system cope with the fallout from the pandemic are considered. We highlight suggestions as to how negative impacts of Covid-19 could be addressed, but ultimately recommend that any changes which may contribute to a less robust criminal jury be avoided in the current context.