England: Judges call for curbs to right to jury trials

Senior judges in England have called for a review to the right to have a jury in trials for thefts, burglaries and minor assaults.

Crown courts have recently become overstretched and pressured ultimately due to the rise in sex crimes, terrorism and other serious offences. The call for review may result in tens of thousands of thousands of lesser offences being tried in magistrate courts without a jury to deliberate the outcome.

Lord Justice Fulford, one of the most senior and respected judges in England and Wales, told the Commons justice select committee yesterday: “We need to look again at these cases. We think there is a strong argument for reviewing the right to jury trial with some low-end offences.”

A review of a right to trial by jury was presented by senior judges, in written evidence, to the select committee. “Overall, the senior judiciary believes the time has come for the government to review the distribution of work between the magistrates’ court and the crown court. This should include consideration of the right to elect trial in the crown court, including the right to elect for trial by judge alone.”

The suggestion for reform has been controversial and divided opinions, but all can agree that the overabundance of cases the Crown Courts currently need to deal with “requires urgent consideration”.

This is not the first time that this proposal has been presented, but has always been defeated in parliament. However, with the pressure on Crown Courts rising each day, there is hope that this or a similar review, to lessen the burden is implemented.