Axing juries ‘risks public confidence in verdicts’
Irish-born KC Caroline Carberry has said that the British Labour government’s plan to scrap some jury trials is “wholly ill-conceived”.
The senior barrister commented that the significant backlog in the courts was systemic and had nothing to do with the use of juries.
Some serious cases, including sexual offences, are now being listed for trial in 2029 in that jurisdiction.
Chronic underfunding
“These delays are a direct result of chronic underfunding, a crumbling court estate, insufficient judicial resources, unavailability of suitably qualified counsel, and failures in bringing defendants from prison to court on time,” the KC told Gazette.ie
“While a jury trial may take a little longer than a judge-only hearing, a judge will still have to consider his or her verdict and draft written reasons for it, which may take a considerable time.
“At present, when a jury is in retirement, a judge moves straight on to another trial.
“These proposals are ill-judged and fail to address the real problems,” the Armagh native said.
Judges will also be able to sit without a jury in some complex fraud and financial cases, under the planned changes.
“These cases often involve nuanced factual disputes and credibility assessments that benefit from a jury’s perspective. Removing juries risks undermining confidence in verdicts,” the KC commented.
Justice Minister David Lammy’s plan also envisages magistrates being able to impose sentences of up to 18 months, rather than the current 12 months.
Carberry said: “Such a move – which will result in the imposition of more custodial sentences – risks placing increased pressure on an already overcrowded prison system. And it gives significant power to lay magistrates, which is likely to undermine public confidence in the system.”
Eroding fundamental rights
The Law Society of England and Wales said this week that the proposals “go too far in eroding the fundamental right to be judged by a jury of our own peers”.
Jury trials were a cornerstone of the justice system, Caroline Carberry KC commented, and speed should never come at the expense of fairness.
“The Bar Council and Law Society’s concerns about eroding the right to be judged by our peers is well-founded.
“Any move away from juries must be approached with extreme caution to preserve public confidence and fundamental rights. These are wholly ill-conceived proposals,” she said.