The automatic right to trial by jury could be denied to defendants accused of all but the most serious crimes, under new government plans for England and Wales.
Instead of a 12-person jury, cases could be tried before a judge and two magistrates in a new kind of intermediate court. These would hear cases involving so-called "either way" offences – theft, drug possession, dangerous driving, fraud and some forms of non-serious assault – which currently make up more than 50% of the crown court backlog.
What did the commentators say? It's an "idea whose time has probably come", Courts Minister Sarah Sackman told The Times. Jury trial "will always be a cornerstone of British justice for the most serious cases", but "really bold and really radical" measures are now needed.
The crown court backlog is "scandalous", said The Spectator. Almost 80,000 cases are waiting to be heard in England and Wales, leaving defendants and victims in limbo. "Some defendants are already being told that there are no free slots before 2028."
In theory, more jury-less trials could mean more convictions: opting for a jury trial "materially increases the chance of acquittal", said The Spectator. But the Bar Council – which represents barristers in England and Wales – has opposed the idea, saying that "altering the fundamental structure of delivering criminal justice is not a principled response to a crisis which was not, in truth, caused by that structure in the first place". The Law Society, the professional body for solicitors, echoed these concerns, saying the new courts would "waste money, time and energy".
The Scottish government has already piloted jury-less trials, but only for rape and serious sexual assault cases, and the pilot was scrapped after a "backlash from the highest levels of the legal profession", said The Guardian.
What next? Alternative suggestions put forward by lawyers to ease the backlog include "greater use of out-of-court disposals, such as cautions and deferred prosecution agreements," said London's The Standard, as well as "more hearings conducted virtually over video link, and maximum use of judges – including those who have retired but could be brought back into service". |