The Law Society Gazette of England and Wales reports that the criminal bar in England and Wales is pushing for fully vaccinated barristers to be exempt from self-isolating, in a bid to keep court cases on track.

The Criminal Bar Association (CBA) said that it was working with the Bar Council and resident judges to extend the scope of self-isolation exemptions to include “double-jabbed, negative-testing barristers” who are appearing in trials over the next two weeks.

While prison workers are due to be added to the list of exempted sector workers, court professionals are not, the Gazette says.

Forced to self-isolate

It remains the default position that, until 16 August, all barristers must self-isolate if they are notified, or ‘pinged’, by the NHS COVID app, or come into close contact with those testing positive for COVID-19.

The Gazette says it understands that one Crown court trial has been pushed back by almost a year, after a lawyer in the case was forced to self-isolate.

In his weekly message to members, CBA chair James Mulholland added that he was disappointed that several courts had cut back on safety marshals.

Adjustment

“All courts users would benefit from reminders to maintain social distancing and the proper wearing of face coverings in public spaces, as we all attempt to work through case backlogs and reduce the impacts of both infection and enforced isolation through the added burden of a ‘pingdemic’”, he said.

The Bar Council said that it was monitoring the effect of the pandemic and the NHS app on the courts system.

It warned that if the ‘pingdemic’ was interfering with court business, there would need to be an adjustment to the current rules, applying to all court users, as opposed to barristers alone.

Last week HM Courts & Tribunal Service raised the possibility of asking judges for proof of vaccination against COVID-19, if vaccine passports could be used “proportionately and lawfully”. It added, however, that non-professional court users, such as jurors, would “almost inevitably” not be asked to provide their vaccine status.