Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Right to jury trial set to end

Jo Butler
Wednesday 17 November 1999 00:00 GMT
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The Government set itself on a collision course with civil rights campaigners and lawyers today, confirming its intention to scrap the right of defendants to elect trial by jury.

The Government set itself on a collision course with civil rights campaigners and lawyers today, confirming its intention to scrap the right of defendants to elect trial by jury.

Under the Criminal Justice (Mode of Trial) Bill, it will be left to magistrates in England and Wales to decide where middle-ranking offences, which can currently be heard either before magistrates or at crown court, should be tried.

So-called "triable either way" cases at the moment include theft, assault and some drug offences.

Magistrates will be able to take into account whether the defendant has previous convictions, and will be told to take account of the effect of convictions on a defendant's reputation and livelihood.

Defendants would have a right of appeal to the crown court against any decision to try the case themselves.

Figures published this week showed eliminating the right to choose jury trial could save millions of pounds a year.

Many defendants who choose jury trial end up pleading guilty. Processing a defendant who pleaded guilty in the magistrates court costs £450, as opposed to £3,650 at crown court.

Lawyers immediately condemned the Bill, which is expected to affect around 18,000 defendants a year, as an attack on justice which was likely to hit black people in particular, many of whom had little confidence of getting a fair hearing before magistrates.

Chairman of the Bar Council Dan Brennan said Home Secretary Jack Straw had got it right in opposition when he condemned any restriction on the right to trial by jury as "wrong, short-sighted and likely to prove ineffective".

Mr Brennan said: "It will create a two-tier system of justice with middle-class defendants given privileged access to the crown courts if magistrates decide they have a reputation to defend.

"It is a disturbing threat to our ancient liberties which date back to Magna Carta and before."

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in