UK Law Articles
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The Times
July 30 1998
Lawyers speak up for trial by jury
BY FRANCES GIBB, LEGAL CORRESPONDENT
OPPOSITION from across the legal profession was voiced yesterday to plans that could remove a defendant's right to elect a trial by jury.
The proposals, outlined by Jack Straw, the Home Secretary on Tuesday, could mean that about 22,000 defendants a year would no longer be able to choose a jury trial in a swath of cases including theft and indecent assault.
The Law Society, the Bar and the Legal Action Group have all said that the fundamental right must remain in cases where defendants face the loss of liberty, livelihood or reputation. Robert Roscoe, chairman of the Law Society's criminal law committee, said: "At a time when there is a widespread lack of public confidence in the fairness and integrity of the criminal justice system, any proposal to reduce the rights of the public must be carefully scrutinised." The Bar Council added that the plans would remove from automatic jury trial a number of serious offences and leave the decision on the place of trial with magistrates.
Mr Straw has published a consultation paper aimed at cutting the huge costs wasted over aborted trials - when defendants opt for a jury trial in the hope of a better chance of acquittal, but change to a guilty plea at the last minute.
* Lawyers will be able to bring a huge range of claims on a "no win, no fee" basis under a change in the law which comes into force today. The Lord Chancellor has expanded "no win, no fee" work to all civil cases, excluding family cases. Until now, "no win" work has been possible only in personal injury, insolvency and human rights cases.
