Juries: Human Rights
The question
To ask the Secretary of State for Justice, what assessment he has made of the potential impact of proposals to remove jury trials for offences other than the most serious crimes on defendants’ rights.
Answered by Sarah Sackman
Whilst the jury trial will remain an important feature of the criminal justice system following reforms, it is important to recognise that there is no constitutional right to a jury trial. The removal of the defendants’ right to elect or right to insist on a jury trial irrespective of the seriousness of the offence is compatible with Article 6 of the ECHR. As you will be aware, the vast majority of criminal trials in this country are conduct fairly, without a jury. 90% of all criminal cases are dealt with by magistrates. Only around 3% of all criminal trials are heard by a jury currently.
The Government inherited a justice system in crisis, with a record and rising open caseload of nearly 80,000 criminal cases waiting to be heard and too many victims waiting years for justice. One of the first priorities of this Government has been to tackle this crisis, which is why we asked Sir Brian Leveson to undertake his independent review. On 2 December, the Deputy Prime Minister responded to the first part of that review and set out why reform is necessary, alongside investment and modernisation.
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