Subj: England & Wales: Thousands will lose the right to trial by jury 



Source: The Guardian, UK



Pubdate: 19 May 1999





Thousands will lose the right to trial by jury 

By Alan Travis, Home Affairs Editor



More than 18,500 defendants a year are to be stripped of their

time-honoured right to a jury trial, the home secretary will announce today. 



The decision to end the right to elect trial by crown court jury represents

a further blow to Britain's ancient jury system in the wake of plans to

abolish jury trials for complex fraud cases.



Jack Straw, who in opposition said the reform was 'wrong, short-sighted and

likely to prove ineffective', has now swung behind the move. It comes after

pressure from the lord chancellor, Lord Irvine, who sees it as a measure

which could save millions of pounds.



The announcement is expected to be made in a speech by Mr Straw to the

Police Federation conference in Blackpool.



The home office says the right to choose a jury trial in its modern form

dates back to 1855 and covers a wide range of middle ranking offences,

including theft, handling stolen goods and some other crimes which are

minor but also strike at the accused's reputation for personal honesty.



Defendants charged with these 'either way' offences can choose whether

their case is heard in the magistrates' or crown court. The reform would

affect about 20% of cases currently tried before a judge and jury in

England and Wales - last year this amounted to 18,500 cases.



Mr Straw is to press ahead despite strong opposition from the Bar Council

and the Law Society, which insist that the proposal would abolish a right

which goes back to the 12th century. 



Bruce Holder, of the Bar Council, said: 'This is the back door removal of

jury trial and will be an unfortunate inroad into something which is being

marginalised all the time.'



The Bar Council also warns that recent home office research showed that

black defendants get a worse chance in magistrates' courts than they do

before juries.



In theft cases, a higher proportion of black defendants are sent to prison

by magistrates than white defendants. A much higher proportion of black

defendants elect to jury trial than whites, believing there is a better

chance of acquittal in the crown court.



The research says this is a major reason for defendants opting for jury

trial, coupled with the belief that magistrates are 'on the side of the

police.' But the research also shows they are mistaken if they go to the

crown court in the hope of a lighter sentence.



Mr Straw is expected to say the change is designed to end abuse of the

system which leads to delay, a waste of resources, and a prolonged wait for

justice. It is estimated that the average cost of a contested jury trial is

UKP13,500, compared with UKP2,500 for a magistrates' court case.



• Detectives should thoroughly investigate domestic violence cases and push

for charges even if they do not have the victim's consent, Maria Wallis,

the assistant chief constable of Sussex police, told the Police Federation

conference yesterday, writes Nick Hopkins.



She said wife-beaters should not get away with attacks because their

partners were too afraid to demand prosecution, adding that detectives

would not wait for the victim's consent in crimes such as burglary.