Right to a trial by jury could be restricted to clear court backlog

BURGLARS and thieves could be dealt with by a judge and two lay magistrates rather than a jury to clear the backlog of cases caused by the coronavirus pandemic.

Lord Burnett, the Lord Chief Justice, said his proposal “would retain the lay public involvement in trials but give rise to none of the difficulties of social distancing that are attached to having a jury”.

However, victims’ groups, MPS and lawyers warned his plan could create a two-tier court system, which would short-change victims if the move led to soft justice.

It is one of four measures being considered by the Government to clear a backlog of 40,000 Crown Court cases. Another proposal is to reduce the number of jurors from 12 to seven − replicating emergency measures during the Second World War. It has also been suggested that “Nightingale” courtrooms are set up in sports halls or other venues to extend court hours.

Government sources said any of the measures would be “temporary” but they would have to be ratified by Parliament.

Dame Vera Baird, the victims’ commissioner, questioned if the removal of juries might lead to miscarriages of justice.

“We don’t want two levels of justice. One that is tried and tested, and a potentially weaker one that’s not tried and tested and therefore not trusted,” she said.

Juries have been a central tenet of British justice since before 1066 when they were used in property disputes.

40,000

The number of Crown Court cases that have built up during the coronavirus lockdown