We live in a world where, almost overnight, “social distancing” entered both our lexicon and our way of life. The constraints associated with keeping a minimum distance with one another have caused, and will continue to cause, significant difficulty for restaurants, pubs, bars, gyms, sporting events, concerts and more. Another established practice, however, also must address the reckoning that it too faces: the jury trial.

While the coronavirus pandemic temporarily brought jury trials in England and Wales to a grinding halt, jury trials had for some time prior been beset with pressures and challenges as a result of austerity measures. In January 2020, a report by barristers in the west of England found that Her Majesty’s Courts and Tribunals Service had cut the number of sitting days for courts in the region by 15%. This had led to “rocketing delays”, some courts being booked up for months on end. Amanda Pinto QC, chair of the Bar Council, noted that the problems were not confined solely to the west of England; indeed, at a national level, the average time from commission of offence to resolution at Crown Court increased from 392 days in 2010 to 525 days in 2019. According to Ms. Pinto, the issue was “fast becoming a national crisis.”…

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