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Face masks are not mandatory in English courts

Court users in England and Wales will continue to be told they do not need to wear a face covering despite the UK government’s announcement about mandatory face coverings in shops and supermarkets, according to the UK Gazette.

From 24 July, shoppers in England will have to wear a face covering or face a fine of up to £100. Face coverings will be mandatory on public transport in Wales from 27 July.

Guidance

After asking HM Courts & Tribunals Service (HMCTS) if new rules would be introduced for face masks in court following the latest announcement, the Gazette was told that current guidance for court users still stands.

HMCTS updated its guidance for court users on face coverings on 6 July.

“Face coverings do not replace social distancing or good hygiene and the range of measures we have introduced in these areas still apply.

“You should not need to wear a face covering inside our court and tribunal buildings and you will not routinely be provided with one. If there are specific reasons why you need a face covering and you don’t have your own, you can ask a member of staff,” the guidance said.

'Risky'

Court users will be allowed to wear face coverings in court buildings if they want to, but they may be asked to temporarily remove it for identification purposes. Judges and magistrates will decide what is to be worn in the courtroom.

The Gazette said that last month, Trish Greenhalgh, a professor of primary care health sciences at the University of Oxford, strongly recommended wearing face coverings in court – an environment she said was risky for transmitting COVID-19.

Practice direction

In Ireland, the President of the High Court Justice Mary Irvine issued a practice direction earlier this month on face coverings for hearings involving oral evidence.

The High Court President that while face coverings were not mandatory at present, all persons in court were advised to wear them unless giving evidence, questioning a witness or addressing the court.

This does not apply to those who, for medical or other welfare considerations, cannot wear a face covering.