Hello...what?
So the government is proposing to scrap trial by jury for all but the most serious crimes. What the fuck??? (was my initial reaction)
A couple of things for context:
we don't have a written constitution so there is no automatic right to 'trial by jury' - presently we have magistrates courts for initial hearings and where those cases are 'indictable' (very serious) or 'either way' (potentially serious) then they referred to Crown Court (for trial by jury). The majority of criminal cases are handled at magistrates court.
However - if a case is 'either way' (in other words essentially potentially serious cases involving crimes that would carry a custodial sentence of five years or more) then the defendant can ask for a trial by jury.
The government proposes to do away with this meaning that only indictable offences will be tried by jury but 'either way' would be dealt with solely by a judge.
The problem here is that, whilst as stated there is no written right to a jury trial, it has been a feature of British justice for centuries. It feels right - appear among a collection of your peers whilst they assess the evidence against you (you are of course innocent until proven guilty).
There are all sorts of spurious reasons behind these proposals - potential bad 'uns 'gaming the system', the fact that the system is pretty much broken and it needs streamlining and the fact that the government needs to look strong.
All load of bollocks really. The fact is that the 'system' has been so woefully underfunded over the years that they are actually willing to sacrifice what one think would be a crucial cornerstone of justice in search of a quick fix.
Imagine cutting dentist waiting list times by amputating people's heads...
Completely agree Paul, it's that exact point that it's underfunding that's been the real issue for years, and jiggery-pokery with Palestine Action at the moment shows you how easy it is for governments to manipulate proceedings when juries aren't involved. Maybe Lammy has never seen 12 Angry Men.
Absolutely agree. The lack of a written constitution is a serious worry for the UK, in my opinion. This is what makes Farage's threat to take the country out of the ECHR of real concern. With no written constitution, it's too easy for the government just to make the rules up as it goes along. Trial by Jury has long been one of the cornerstones of British justice, the first known trial by Jury in England happened in 1220! I'd say it's essential that people continue to see themselves judged by their peers and not by government appointees. All this will do is further erode confidence in government and in the impartiallity of those that sit in judgement.
