Four Bars joint statement on jury trials in England and Wales

Since the government announced its proposal to restrict the right to a jury trial in response to Sir Brian Leveson's criminal courts review, the Bar of England and Wales has argued that justice needs juries. Now, the Four Bars of England and Wales, Ireland, Northern Ireland, and Scotland have made a joint statement, urging the UK government to change course:

The Four Bars are deeply concerned that the UK government is planning to restrict the right to a jury trial in England and Wales. Being tried by a jury of one's peers is a fundamental cornerstone of the criminal justice system in our respective jurisdictions. As Lord Judge CJ said in R v Twomey [2009] EWCA Crim 1035; [2010] 1 WLR 630, 'trial by jury is a hallowed principle of the administration of criminal justice'.

The proposal has drawn substantial and widespread criticism from legal experts and politicians from across the political spectrum. There is no evidence that this fundamental change will bring down the existing Crown Court backlog. The proposal also goes further than Sir Brian Leveson's recommendation, which itself has not been piloted nor thoroughly modelled. Importantly, he alerts the Ministry of Justice to the desirability of further detailed analysis before implementation.

The curtailment of jury trials has predictable negative consequences, including undermining the public's trust and confidence in our criminal justice systems. Trial by a jury is long established and respected throughout the common law world for its veneration of democratic ideals, its age, gender and ethnic inclusiveness, and its respect for citizens' and judges' roles in the administration of justice. Jurors provide an accumulation of life experience which marginalises extreme or unrepresentative views and, through the majority, delivers balanced and rounded decisions on behalf of the society from which its members were drawn.

The Four Bars stand as one in opposition to this proposal. Legislation is still some time away - the government has time to listen to the views we express and to change course.

Barbara Mills KC, Chair, Bar Council of England & Wales

Roddy Dunlop KC, Dean, Faculty of Advocates

Seán Guerin SC, Chair, The Bar of Ireland

Donal Lunny KC, Chair, The Bar of Northern Ireland

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