What will happen in the courts, including to jury trials and those in custody, is a complex issue confronting all jurisdictions trying to balance the administration of justice and human rights in a health crisis. Loading Though public advice from the Victorian courts remained the same, essentially that it was business as usual, there are contingency plans in place with the most extreme believed to be court closures. There are 19 trials running in Victoria in the County and Supreme courts, with more scheduled to start next week. People who are concerned about their health are being directed to contact the court as soon as possible to discuss options about how to proceed.

Melbourne solicitor Ruth Parker said criminal lawyers were in a state of uncertainty. “No one has communicated to us about how the courts, prisons and the justice department are proposing to deal with the threat of closures and quarantines,” Ms Parker said. The courts are facing an unprecedented problem in the face of the coronavirus. Credit:Vince Caligiuri “We have matters listed in the courts over coming weeks and these matters need to be handled in the face of the coronavirus threat. If we don’t receive advice and directives on how matters should be handled during any closures or restrictions then the courts will be flooded with enquiries and adjournment requests as soon as the advice is given.” A Federal Court spokesman said it "will introduce a comprehensive suite of measures to reduce the risk to staff, litigants and the legal profession".

"The use of video conferencing and telephone hearings will become a priority," the spokesman said. "Appeals due to be heard in May will be reviewed to identify those that can be postponed or dealt with in other ways, particularly if it involves judicial travel." Victorian Australian Law Alliance president Jeremy King said the health and safety of all involved in the court process was paramount. “But also that if safe to proceed then the plaintiff’s access to justice should not be restricted or delayed,” Mr King said. “Where possible, those in custody should be dealt with expeditiously as possible and the court’s should be flexible in their approach.”

Other courts are considering limiting non-essential public access to courthouses, including cancelling school visits, and are canvassing the ability of judicial officers to hold hearings off-site and over video-link. Under the Magistrates Court Act, the Governor in Council – that is the Victorian governor and government ministers – can direct where a court operates. A Victorian Supreme Court spokeswoman said the court would not hesitate to take action if a jury needed to be dismissed to self-isolate. "While the Court continues to operate as usual, the Court puts the health of all jurors, staff and visitors first and will take a precautionary approach to any juror’s concerns," she said. Meanwhile, the Department of Justice and Community Safety spokesman said as of Friday afternoon, there had been no identified cases of the virus in the state’s prisons. Prison health and custodial staff have been briefed on symptoms, potential risks and procedures for managing the virus. New prisoners are being screened to assess for potential risk, while visitors are being asked if they pose a risk, and if so, not to enter.