UK Law Articles
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The Times
November 15 1999
DPP spells out his opposition to jury change
BY FRANCES GIBB, LEGAL EDITOR
JACK STRAW'S controversial plans to curb a defendant's right to choose trial by jury for a swath of middle-ranking offences have been opposed by the head of the Crown Prosecution Service.
David Calvert-Smith, QC, the Director of Public Prosecutions, has indicated he has deep concerns about the plans, expected to be included in the Queen's Speech, which this week will set out the Government's legislative programme.
The DPP, who has not made his concerns known publicly before, emphasised that, as a civil servant, it was his job to implement any policy changes made. But, in an interview with The Times to mark his first year in office, he said: "I am concerned that we get it right.
"A lot of the Government's concerns I can understand: many people elect trial by jury, and then plead guilty. I can understand the argument that this is a waste of time." But he said: "On the other hand, we in this country all hold dear to trial by jury . . . it is in Magna Carta and for good reason. It is something of which we are rightfully proud and there are obvious advantages to having cases tried by people who vanish into obscurity following the trial."
Mr Calvert-Smith indicated that the Attorney-General would be issuing new guidelines to allay widespread concern among defence lawyers that prosecutors and police were withholding evidence.
Mr Calvert-Smith expressed concern after two surveys among solicitors and barristers revealed more than 200 recent cases in which evidence was withheld. The DPP said: "The system is clearly not being operated as intended, for all the intensive and extensive training that followed the (Criminal Procedure and Investigations) Act (of 1996), both of police and Crown prosecutors."
With the advent of the Human Rights Act next year, which could see defendants mounting challenges each time there was non-disclosure of evidence, he was determined to get it right, he said.
On the trial by jury plans, the DPP pointed out that only a tiny proportion of cases were tried by jury, about 20,000 cases out of 1.5 million a year.
"There is a feeling in the public mind that they (juries) have some actual say (and that they are participating in their criminal justice (system). I have rarely met a juror who did not feel that being in a jury was a valuable part of their experience of being a citizen."
