'No Principled Reason' To Ditch Jury Trials, Lawyers Say
The Ministry of Justice has confirmed widespread reports that Prime Minister Andy Burnham would walk back plans to abolish jury trials in many types of serious criminal cases.
Lawyers have criticised government plans to introduce judge-only trials for some complex and lengthy economic crime cases, arguing that concerns over the burden placed on jurors do not provide a principled reason to remove the right to a jury trial.
"Substituting juror inconvenience as the new rationale is a fundamentally different — and weaker — argument that could apply to anylengthy trial, whether a complex murder, a major drugs conspiracy or a serious sexual offence case," Louise Hodges, a partner at KingsleyNapley LLP and Chair of the CLLS Corporate Crime & Corruption Committee, said.
"If juror burden justifies removing the right to jury trial in fraud and financial cases, there is no principled reason why it should not applyequally to other lengthy and demanding trials," Hodges added.
"Defendants facing the most serious financial allegations — allegations that can destroy careers, reputations and lives - deserve the sameright to be judged by their peers as any other defendant," Hodges said.