Pubdate: Wed, 19 May 1999
Source: Guardian, The (UK)
Copyright: Guardian Media Group 1999
Contact:  http://www.guardian.co.uk/
Author: Alan Travis, Home Affairs Editor

THOUSANDS WILL LOSE THE RIGHT TO TRIAL BY JURY

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.

- ---
MAP posted-by: Don Beck