Senior Hampshire judge speaks out on 'backlog' and finding 'other buildings' for court cases

Some of the most serious cases, including murder, are being prioritised at Winchester Crown Court with social-distancing measures in place so that two trials can be heard.

Portsmouth Crown Court resumed trials on July 6, with many hearings still taking place virtually.

There are five active murder cases in The News’ area alone.

Recorder of Winchester, judge Keith Cutler OBE, said ‘other rooms, other buildings’ were being looked at in Hampshire for trials.

‘We are exploring other buildings in the area where cases could be heard and there continues to be national discussions on other ways to progress cases through the courts again to reduce the number of outstanding cases,’ he said.

In a video recorded with the Local Criminal Justice Board, judge Cutler also the restarting of some jury trials is 'not going to have an in-road on the backlog’ of cases.

He said: ‘We do not feel we could probably manage to accommodate any more jury courts here in Winchester as each court takes two or three courtrooms but we're looking for other aspects within Hampshire, other rooms, other buildings whereby we could have jury trials where the defendants are on bail.

‘We're working very hard, it's not going to have an in-road on the backlog sadly.

‘But it does mean some of the more serious cases, such as we have a number of murder cases waiting to be tried, can hopefully be tried because those defendants are clearly in custody quite often.

‘There are often a number of witnesses who are very traumatised by events, and so it's in everybody's interests to try and get such cases on as soon as practicable.

‘It's working but we are still looking for further and better ways to improve productivity.’

Hampshire police chief constable Olivia Pinkney, chair of the LCJB, added: ‘The LCJB is committed to improve outcomes for both victims of crime and people who offend and will continue to collectively, across the whole system, adapt and respond to the challenges we face because of the pandemic to achieve this.’

It comes as the leader of the Western Circuit, the area including Hampshire’s courts, has said there must not be trials without juries.

Kate Brunner QC said: ‘The suggestion by the government that we need to get rid of juries for some cases because there's a huge backlog of trials is alarming.

‘People in Portsmouth have a right to choose jury trials in many cases and often do so because it's seen as fairer to be tried by other members of the public.

‘What's being suggested now is removing that right and instead being tried by a judge with two magistrates.

‘Governments have been trying to limit the right to trial for decades because it's an expensive process: although we don't pay juries the trials take longer and cost more.’

The top criminal QC said ‘backlog and delays aren’t the result of a virus’ with 30,000 jury trials to get through.