Three days into the record-breaking heatwave, senior judges have today given permission for courts in England and Wales to close due to the 'exceptionally hot weather'.  

With temperatures soaring to 39.6 degrees and red warnings for extreme heat from the Met Office, the senior presiding judge, Lord Justice Green, sent a note, seen by the Gazette, to leadership judges stating: 'I am aware that many of you will be facing challenges in your courts during the exceptionally hot weather this week.'

In light of the weather conditions, he said that if leadership judges take 'the view that the court needs to close or cease sitting early then I would encourage them to make that decision and know that they will be supported by the senior judiciary in doing so.' Green said: 'It is the responsibility of HMCTS to ensure the safety of court users, and I know that senior leaders and delivery directors have been putting contingency plans and workarounds in place this week.'

Green acknowledged that the senior judiciary 'have a responsibility for the welfare of judges'. He noted that 'many other organisations – including schools and other public buildings, and public transport providers – have taken decisions to close early to limit their services this week due to the weather.'

While the judiciary wants to 'minimise disruption to court business and the administration of justice' and all parties attending, 'this should not come at the expense of the safety and wellbeing of judges, staff and other court users.'

Mindful of the huge backlog of cases in most courts – including the Crown court, which has over 80,000 cases waiting to be heard - Green said: 'We also want to avoid any negative impacts on the interests of justice, including the impact on witnesses giving evidence or on jurors in making decisions,' and said he trusted that leadership would take 'sensible and pragmatic decisions'. 

One judge told the Gazette that the move was 'too little, too late'. The judge said: 'The weather was long forecast. They know we have over-heated courts, broken air conditioning, undrinkable water and a lack of café facilities.'

The Gazette has asked the judiciary and Ministry of Justice why a decision was not taken sooner to given permission to courts to close due to the heat. The Gazette has also asked the ministry if any courts have closed early or shut.