The Government’s rule allowing lawyers to break quarantine to attend court is “putting lives at risk” and should be withdrawn, the Law Society warned today.
Barristers and solicitors who enter mandatory isolation for 14 days after returning from holiday are currently allowed to turn up to court if they have a hearing.
Law Society president Simon Davis has now urged the government to withdraw the exemption, warning it poses a “significant danger to court users”.
“I would urge anybody in this situation to consider fully the potential health implications for other court users if they were to break their self-isolation period to attend in person”, he said.
“This measure poses an even greater risk to BAME practitioners and court users, and those with underlying health conditions or who have vulnerable family members – who all already fall in higher risk categories for Covid-19.”
Earlier this month, Manchester crown court was shut down after eight staff members and contractors tested positive for Covid-19.
Mr Davis said better communication is needed in the event of an outbreak. “Allowing people to break quarantine to attend court and not having effective systems in place to communicate outbreaks in the court puts lives at risk”.
The quarantine exemption was clarified by the government earlier this week after pressure from the Bar Council — which represents barristers — who said lawyers required to attend foreign court hearings would be adversely affected by a two-week isolation period on their return to the UK.
Many courts continue to offer lawyers the option of attending hearings remotely. Protocols drawn up by top judges at London crown courts, and seen by the Standard, acknowledge remote attendance is possible, including for plea hearings and sentencings, as long as adequate preparation has been completed in advance and Internet connections are good enough.
However, lawyers have complained that some courts are now insisting that they attend hearings in-person, even when only procedural matters are being discussed.
The crown court in Manchester remains closed this week due to the coronavirus outbreak, as court staff and judges undergo tests and regular court users including lawyers are asked to monitor their health.
HM Courts and Tribunal Service confirmed at the start of the outbreak that the contact details of people who attend court are not being routinely collected, and it has taken steps to "reduce the potential for close contact in our buildings".