Coronavirus advice and updates
The Bar Council is keeping the coronavirus situation under constant review. The information below has been updated following the announcements that, from Monday 19 July 2021 onwards, all restrictions in England will be lifted, and from Saturday 7 August 2021 onwards, most restrictions in Wales will be lifted.
For any specific queries about the coronavirus crisis and how it impacts the Bar in England and Wales, please email the Bar Council Working Group at C19WG@BarCouncil.org.uk.
We are collecting the contact details of visitors to the Bar Council's offices in order to comply with the Government’s 'test and trace' guidance. You can read more about this in our Privacy statement.
All government guidance on COVID-19 can be accessed here - and you can sign up on that page for email notification of all updates.
Please see the summary of existing measures, which was last updated on 6 July 2021, and still include HMRC’s Self-Employed Income Support and Time to Pay Schemes, and information about taking a mortgage holiday, claiming on your existing Business Interruption Insurance, reclaiming the cost of Statutory Sick Pay, and seeking financial assistance from the Barristers’ Benevolent Association.
For Crown Court defence legal aid work, the LAA made several changes to help barristers and solicitors with cashflow.
Some of those provisions are likely to end. For example, in family legal aid cases, the ability to claim up to 100% Payments On Account is expected to revert to up to 80% on 30 September 2021. View the LAA’s schedule.
For prosecution work, please see the letter from the CEO of the CPS giving the CPS’s COVID-19 statement of principles regarding payment of counsels’ fees.
We continue to liaise with the LAA and CPS.
Coronavirus (COVID-19): courts and tribunals planning and preparation
This HMCTS webpage provides advice and guidance for all court and tribunal users during the COVID-19 outbreak and will be updated when new advice is available.
Courts and tribunals tracker list during coronavirus outbreak
This page holds a tracker list of open, staffed and suspended courts during the coronavirus outbreak. It will be regularly updated.
HMCTS weekly operational summary on courts and tribunals during coronavirus (COVID-19) outbreak
This page provides a weekly summary of the HMCTS operational position during the coronavirus pandemic. It is usually updated every Friday at 17:00.
Keeping court and tribunal buildings safe, secure and clean
This page provides details about security, cleaning and social-distancing arrangements in court and tribunal buildings during the COVID-19 pandemic.
Read the latest statement from HMCTS, issued on Thursday 15 July 2021.
Read the latest HMCTS Organisational Risk Assessment, released on Thursday 15 July 2021.
On Thursday 15 July 2021 HMCTS confirmed that those attending court and tribunal buildings in England and Wales would still be required to wear face coverings in all staff, public and communal areas, after the lifting of restrictions on Monday 19 July 2021.
From Monday 19 July 2021, those visiting court and tribunal buildings in England and Wales will only be required to have minimal social distancing measures in place, with the following exceptions:
- Face coverings will still be required in staff, public and communal parts of court and tribunal buildings.
- The custody suite areas will continue with all social distancing measures introduced during the pandemic such as touchpoint cleaning, locked down phones, reduced numbers and fluid-resistant surgical masks (FRSMs).
- To reduce the risk of the virus spreading, HMCTS will continue to use screens and barriers to separate people who are likely to come into close proximity but would not normally meet.
- All of HMCTS’ estate has been assessed against Public Health guidance for ventilation and it will continue with existing ventilation standards. CO2 monitors will also be used as additional assurance in building areas identified through their risk assessment process.
HMCTS has produced a briefing document that summarises the routes that barristers (and other professional users) can use to raise ‘real time’ concerns about the safety of courts and tribunal buildings. In summary, it is suggested that professional users should first raise their concerns locally with a member of staff whilst on site or immediately thereafter. In the event that the issue requires escalation, HMCTS has provided the contact details for the Regional Support Units and set out the information that ought to be included in any relevant communication.
The Bar Council’s Covid-19 Working Group is in regular communication with HMCTS and issues can also therefore be raised using the email address C19WG@barcouncil.org.uk. As a last resource, formal complaints about specific courts or tribunal buildings can be raised through HMCTS’ online form.
Members are reminded that the Bar Council has revamped its secure reporting tool, Talk to Spot, to ensure that members can use it to report coronavirus-specific concerns – for example around safety when attending court - as well as to report harassment and inappropriate behaviour. We are encouraging barristers to use the app wherever possible, as we are using the anonymous reports that we receive through it to form the basis of our broader discussions with HMCTS and other relevant stakeholders.
Generally, barristers entering the UK will need to act in accordance with any relevant guidelines, which apply to except those whose jobs qualify for (international) travel exemptions.
In June 2021, HMCTS reconfirmed that, whilst barristers do not appear on the list of qualifying jobs, those returning from non-exempt countries who have to self-isolate for 10 days can break that self-isolation in order to attend a court hearing. The exemption under Regulation 4(9)(c) of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 means that any barrister who has to quarantine after returning from a non-exempt country (when they were in that non-exempt country for any reason) can temporarily break their quarantine to fulfil a legal obligation by participating in a legal proceeding. This exemption applies to anyone who needs to participate in a legal proceeding, not just barristers.
However, please note that HMCTS expect everyone who wishes to use and/or works in the courts and tribunals to observe quarantine unless explicitly required to attend and have stated that “individuals must self-isolate when returning from a country that is not in the coronavirus travel corridor. While public health legislation allows those involved in legal proceedings to come out of this self-isolation when necessary, you must consult with the court or tribunal first who will consider and decide on appropriate arrangements.”
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 state that “where an adult is notified… [] that they have tested positive for… coronavirus… after 28 September 2020 or had close contact after 28 September 2020 with someone who has tested positive for coronavirus, or that a child in respect of whom they are a responsible adult has tested positive for… coronavirus… after 28 September 2020 or had close contact after 28 September 2020 with someone who has tested positive for coronavirus” (regulation 2(1)), then they “must self-isolate for the period specified in regulation 3” (regulation 2(2)). However, as a result of the new regulation 2(3)(iii), the adult in question may leave their place of self-isolation (including their home, the home of a friend or family member) to “fulfil a legal obligation, including attending court or satisfying bail conditions, or participating in legal proceedings”.
Read literally, this means that someone who has tested positive for coronavirus or has come into close contact with someone who has tested positive for coronavirus, may break the relevant period of self-isolation in order to attend a court or tribunal hearing. However, the Bar Council has publicly advised that no one, including barristers, should go to court if they have tested positive for coronavirus or have symptoms, and that they should, instead, self-isolate. Furthermore, HMCTS has now stated that you should not come to their court buildings if you have coronavirus symptoms or you have tested positive for coronavirus or waiting for a test result.
Where barristers feel well enough to attend court, they should ask the judge for permission to appear in court remotely. If they do not feel well enough, or cannot participate remotely, then they are reminded that, under rule C26.3.b of the BSB Handbook, they may cease to act on a matter on which they are instructed and return their instructions if they are self-employed and illness makes them unable reasonably to perform the services required in the instructions.
Current government guidance indicates that barristers should not go to court if they have been instructed by the NHS to self-isolate. HMCTS has also stated that you should not come to their court buildings if you have been instructed to self-isolate.
Where barristers feel well enough to attend court, they should ask the judge for permission to appear in court remotely. If they do not feel well enough, or cannot participate remotely, then they are reminded that, under rule C26.3.b of the BSB Handbook, they may cease to act on a matter on which they are instructed and return their instructions if they are self-employed and illness makes them unable reasonably to perform the services required in the instructions.
HMCTS guidance
How to join telephone and video hearings during the coronavirus (COVID-19) outbreak
HMCTS guidance for joining a video hearing
HMCTS guidance for defence practitioners seeking to join a video enabled criminal hearing
See also the Judiciary’s general guidance on PDF bundles and The Bar Council IT Panel’s guidance on ebundles.
The following list of guidance is broken down by jurisdiction and circuit.
Jurisdiction
General
Judiciary.UK COVID-19 advice and guidance page
Inns of Court College of Advocacy, Principles for Remote Advocacy
Updates from the Lord Chief Justice of England & Wales
Civil
Chancery Bar Association collated protocols and practice directions relating to Coronavirus
Planning Inspectorate COVID-19 Guidance (29 September 2020)
Family
The Remote Access Family Court, version 5 (26 June 2020)
Criminal
Livelink or Attendance Framework for London & South East Magistrates’ Courts (Crime)
HMCTS Video enabled criminal hearings: guidance for defence practitioners
LAA update on video remand hearings
Circuits
Each of the Circuits regularly publish coronavirus updates and vital information on their respective websites, including information relating to remote hearings. Please see the Covid-19 pages on their sites (hyperlinked below) for further information.
Read the Bar Council’s Director Service’s “Hybrid working – where do we go from here?” blog
Read the Chair of the Bar’s “Roadmap to the hybrid Bar”
Read the Covid-19 Working Group’s “Roadmap for returning to chambers”, which includes a template risk assessment designed to help with the process of barristers and chambers professionals returning to work in chambers.
See the Bar Council IT Panel’s guidance on Videoconferencing software, data protection and confidentiality.
See the Bar Council IT Panel’s guidance on ebundles.
See the Judiciary’s general guidance on PDF bundles.
Be aware of the potential for mental ill-health caused by COVID-19 and avenues of support.
If you’re asked to do something against the rules or if you see something you’re worried about in court, you can report it on Talk to Spot.
Resources are available on the Wellbeing at the Bar website which includes a confidential telephone support and counselling service (Assistance Programme), as well as a wide range of wellbeing fact sheets, videos, self-help programmes, interactive tools and educational resources.
The Bar Council’s Assistance Programme can be accessed here.
LawCare also provide telephone helpline assistance and resources.
If you are required to self-isolate look after your physical and mental wellbeing. Self-isolation or remote working can feel lonely, so keep in touch with people virtually. Read up on what you can do.
The charity Mind also has good advice.
Important Notice: this document has been prepared by the Covid-19 Working Group established informally by the Bar Council, LPMA and IBC in order to assist barristers and chambers on matters relating to the current coronavirus epidemic. It is not “guidance” for the purposes of the BSB Handbook I6.4, nor does it comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council, LPMA nor IBC nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it.