Coronavirus advice and updates
The Bar Council is keeping the coronavirus situation under constant review. The information below has been updated as of of Thursday 28 April 2022 and is relevant to practitioners in England and Wales.
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.
All government guidance on COVID-19 can be accessed here - and you can sign up on that page for email notification of all updates.
Most measures that the government implemented to help self-employed individuals and businesses during the pandemic have now come to an end. However, barristers can still seek financial assistance through the Barristers’ Benevolent Association and use HMRC’s Time to Pay Scheme to make their tax payments in instalments. Chambers and BSB entities are also able to check if they can claim on their existing Business Interruption Insurance. Please see the summary of existing measures for further information.
Read Crown Court fee guidance here, alongside information on ‘hardship and interim payment scenarios’.
Read information on how processing and payments here, including on account in civil cases.
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.
Temporary Nightingale courts and extra court capacity
This page shows the Nightingale sites that are currently in use in each region.
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.
As of 26 April 2022, HMCTS has advised the Bar Council that it will now be relaxing or removing many of the safety controls from its buildings across England, Wales, and Scotland.
Face coverings are no longer mandatory in any parts of court or tribunal buildings in England, Wales, or Scotland, with the exception of custody suited where fluid resistant safety masks (which are classified as Personal Protective Equipment) are still required and defendants will be encouraged, but not mandated, to wear face coverings. Court users can continue to wear face coverings should they choose to do so.
As of 26 April 2022, HMCTS has advised the Bar Council that, with the following exceptions, it will now be relaxing or removing many of the safety controls from its buildings across England, Wales, and Scotland.
- Screens will not be removed from custody suites. Dock screens will also remain unless removal is essential to increase capacity.
- Fluid resistant safety masks (which are classified as Personal Protective Equipment) will be required in custody suites and defendants will be encouraged, but not mandated, to wear face coverings.
- Court users can continue to wear face coverings should they choose to do so.
- HMCTS will continue to provide local lateral flow testing kits for jurors while the existing stock remains. Jurors will no longer be required to wear fluid resistant surgical masks in smaller rooms and will now be able to eat and drink in those rooms. There will be no change in the requirement for all jury deliberation rooms to have good ventilation.
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.
Historically, the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations provided an exemption to self-isolation to “fulfil a legal obligation, including attending court or satisfying bail conditions, or participating in legal proceedings”. However, both the Bar Council and HMCTS have 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. On 28 February 2022, HMCTS confirmed that their position remains unchanged and that court users should not come to their court buildings if they have coronavirus symptoms or have tested positive for coronavirus or are 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 or seek an adjournment. The request that they make will depend on how ill they are and which approach will best serve the interests of their client. 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. In deciding whether they should return their instructions, they should also have regard to gC83 of the Handbook, which states that “In deciding whether to cease to act and to return existing instructions in accordance with Rule rC26, you should, where possible and subject to your overriding duty to the court, ensure that the client is not adversely affected because there is not enough time to engage other adequate legal assistance.”
If returning instructions under one of the rC26 provisions, the barrister must comply with rC27; “Notwithstanding the provisions of Rules rC25 and rC26, you must not: .1 cease to act or return instructions without either: .a obtaining your client’s consent; or .b clearly explaining to your client or your professional client the reasons for doing so; or.2 return instructions to another person without the consent of your client or your professional client.”
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 (9 December 2021)
Family
Criminal
Livelink or Attendance Framework for London & South East Magistrates’ Courts (Crime)
HMCTS Video enabled criminal hearings: guidance for defence practitioners
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.