Saturday, 24 July 2010

Non jury trial in the Crown Court - should be a last resort

Two Court of Appeal (Criminal Division) judgments have been handed down which ought to make it clear that NON-jury trials in the Crown Court will be only ordered exceptionally.  This is very good news for those who, like myself, believe in the value of jury trial.  However, it is a matter for regret that it is necessary to have provision for non-jury trial in order to ensure that certain defendants stand their trials.  The judgments are J, S, M v R [2010] EWCA Crim 1755 and KS v R [2010] EWCA Crim 1756.  The first non-jury trial in the Crown Court was held earlier this year - see here.

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