‘Shock Therapy’ and The Criminal Justice Casualties of Covid-19

Covid-19 poses the greatest threat to the poor and to those with existing vulnerabilities. This meant that the criminal justice system was especially vulnerable to its ravages. The backlog of criminal cases in the CrownCourts has risen by over a third since the beginning of March 2020 to over 53,000 bymid-January 2021. This situation is unacceptable, unsustainable and possibly unlawful. The government is considering the ‘shock therapy’ of removing jury trials in some or all cases as a means to process cases more quickly. The advantages of such a proposal are obvious in terms of speed, savings and the safety of participants. The dangers are more abstract, but no less significant. This article considers: (1) The underlying problems thatmeant the criminal justice systemwas already in a weakened state when the pandemic began; (2) The inadequate response of HerMajesty’s Courts and Tribunals Service (HMCTS) to the crisis; (3) The dangers of the ‘shock therapy’ to curtail jury trial, with reference to the Diplock Courts of Northern Ireland which it concludes could cause greater longer-term harm to the system than Covid-19 has done.