Bar Council urges government against 'tampering' with jury trials

The government is reportedly considering new changes to criminal justice which would restrict the right to jury trial by giving judges the power to decide which cases go before a jury.

The Times reported that a panel of judges would decide on a case-by-case basis which 'either-way' offences trials would take place before a jury and which would be before a judge. Currently a defendant can opt for their case to be heard in either a magistrates' court or Crown Court.

The Bar Council reiterated that the Bar stands firm in its objection to any restriction of jury trials.

Bar Council Chair Kirsty Brimelow KC said: "Whilst it is encouraging that this government is looking at ways of not continuing with the reduction of juries, it should move away from wasting further parliamentary time and resources on other jury restricting experiments.

"In fact, introducing a panel of judges and a new court may lead to more appeals and more delays. It's also unclear where extra judges will be found.

"There's no need for the government to tamper with jury trials; it poses little practical benefit and carries serious risks to public confidence and trust in justice. The latest data shows that investment and opening courts reduces backlogs. The Bar remains completely opposed to restricting jury trials."

In July, Prime Minister Andy Burnham said he had "concerns" about the restriction of jury trials proposal within the Courts and Tribunals Bill and that he wanted to look at it "in detail".

Related resources