The criminal justice crisis - Will the jury be a possible casualty?

It is hardly news but the criminal justice system is on its knees after years of neglect and underfunding by government.

On Tuesday 10 December, the Lord Chancellor and Secretary of State for Justice and also the Minister of State (Ministry of Justice) answered questions from MPs - Oral Answers to Questions - Hansard - UK Parliament

The answer to a question from Gideon Amos MP (Taunton and Wellington) was given by the Minister of State (Sarah Sackman KC MP who said 

" ..... As the Lord Chancellor said, we have increased the number of Crown court sitting days by 500, but it is not simply enough to increase court sitting days. We have to look at fundamental reform to address the serious backlogs we have inherited from the Conservative Government."

What those 'fundamental reforms' might be was not stated. but it appears that removal of jury trial is back on the agenda.

We know that the Labour government has increased the number of Crown Court sitting days but it will not be enough to clear the current and growing backlog of cases. Also, Magistrates' Courts have got (again) the power to sentence for up to 12 months imprisonment for a single imprisonable offence. That may keep some cases out of the Crown Court but the possible impact on the prison population remains to be seen.

• Other ideas? An Intermediate court - between the Crown Court and the Magistrates' Court? Such a court would not have juries. (Something similar was suggested by Lord Justice Auld in 2001 - Criminal Courts Review - Contents - pdf version.
• The former Lord Chief Justice - Lord Thomas - also appears to be in favour of limiting jury trial - Abandon some jury trials or fund crisis-hit system, former chief justice says | UK criminal justice | The Guardian

The Lady Chief Justice (Baroness Walton-on-the-Hill) told the Justice Committee that she was prepared to support and consider any reform that was well evidence and not rushed. 

Earlier this year, the LCJ informed legal commentator Joshua Rozenberg (link below) that she would wish to see some sort of independent inquiry. If that comes about it would probably have to be chaired by a retired senior judge.

So there we are! Government neglects this important aspect of the law and creates a crisis with the result that we all might end up losing an ancient and, at least in my view, vital BRITISH (common law) right.

In criminal cases where liberty and reputation are at stake, trial by an independent and impartial jury chosen at random from the electorate is essential and ought not to be whittled away. 

Does this matter to people? I hope that it does. Such a reform is too important to be simply left to 'fire-fighting' politicians and judges - no matter how eminent they may be.

Fundamental reform - by Joshua Rozenberg - A Lawyer Writes

Lady Chief Justice appears at the House of Commons Justice Select Committee - Courts and Tribunals Judiciary (November 2024)

(Image above: The Crown Court at Liverpool)