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Pop-up 'Nightingale court' expected to hear criminal trials at Mercure Maidstone Great Danes Hotel

By: Rhys Griffiths rgriffiths@thekmgroup.co.uk

Published: 08:00, 27 May 2021

Updated: 14:32, 27 May 2021

Criminal trials are expected to be held at a hotel in Maidstone - the first such pop-up court in Kent.

It is understood the so-called 'Nightingale court' will begin operating at the Mercure Maidstone Great Danes Hotel in Hollingbourne in an effort to deal with a backlog in the justice system caused by funding cuts exacerbated by the pandemic.

The Mercure Maidstone Great Danes Hotel

Operation of the four-star hotel and its facilities will not be affected by the establishment of the temporary court in the 26-acre grounds of the venue.

HM Courts and Tribunals Service has so far opened around 30 makeshift courts in England and Wales.

A Nightingale court in Maidstone would be the first such facility in Kent, currently the nearest site is in Chichester to serve the courts in Lewes.

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The backlog of cases in crown courts in England and Wales is now thought to be more than 50,000.

"Given the ongoing pandemic, Nightingale courts are the best way to boost capacity to tackle the backlog while keeping court users as safe as possible," former Law Society of England and Wales president David Greene said.

"More and more victims, witnesses and defendants will be denied access to justice..."

"If action is not taken to increase capacity further in a meaningful and safe manner, case delays will continue to increase and more and more victims, witnesses and defendants will be denied access to justice."

During the Covid crisis, defendants in Kent have been told they may have to wait up to 18 months before their cases can be heard by a jury.

Ten years ago trials could be expected to start within weeks of first hearings.

In March 2020, almost half of all courts were closed and jury trials were paused to minimise social interaction between court users to reduce the spread of the coronavirus.

Measures were put in place to safely resume jury trials in May 2020, and in July the Lord Chancellor announced the opening of the first 10 Nightingale courts.

Maidstone Crown Court

Cases in Kent have continued to be heard at crown courts in Maidstone and Canterbury, but the backlog has meant significant delays.

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In November one defendant at Maidstone Crown Court was told he would not be able to go to trial until April 2022.

Four chief inspectors recently concluded the greatest risk to criminal justice comes from the “unprecedented and very serious” backlogs in courts.

However, Caroline Goodwin QC, former chair of the Criminal Bar Association, said delays were the result of a “lethal cocktail” of release under investigation (RUI), cuts to court sitting days, and courthouses being closed altogether.

Priority is given to the hundreds remanded to prisons where some are locked up for up to 23 and-a-half hours each day.

Courts face a backlog of cases because of the pandemic

Sensitive sex trials involving young and vulnerable witnesses are also prioritised.

Defendants found guilty have also been given reduced sentences when they can show a judge they are not responsible for their case being “unduly delayed”.

The Court of Appeal maintains that “delay may count as a mitigating factor”, with article 6 of the European Convention on Human Rights ensuring that justice is carried out in a reasonable timescale.

Read more: All the latest news from Maidstone

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