Controversial jury trial reforms are set to be debated by MPs on 10 March as the government presses ahead with the Courts and Tribunals Bill. The Justice Select Committee have requested submissions to inform scrutiny of the provisions contained within the Bill. This call for evidence is set to close on 11 March and the first evidence session will commence on 17 March.
The reforms are intended to address the backlog of over 80,000 cases currently facing the criminal justice system. This response to the Leveson Report, will be the highest ever investment in the crown court but has proven to be controversial and called an ‘irremedable error’ by leading lawyers.
The Bill, which will reduce the number of jury trials, by moving cases from the Crown Courts to the Magistrates’ Courts, aims to place victims at ‘the heart of a faster, fairer courts system’, according to the UK Government.
Andrew Thomas KC, Vice-Chair of the Criminal Bar Association, has expressed concern that trials with unrepresented defendants could actually take longer than jury trials. The CBA has also raised concern that the actual time benefit would be minimal. Their assessment is that a victim who currently waits for a year ‘might see delays brought down by about a week’. The body has previously stated that they are ‘fundamentally opposed’ to the proposed reduction in jury trials. They say that juries act as a safeguard against prejudice and are reflective of modern society in a way that judges alone are not.
Moving cases to the Magistrates’ Courts could also mean that fewer defendants will qualify for legal aid. In Magistrates’ Courts an individual is eligible for legal aid if they earn below £22,325, compared to the £37,500 threshold in Crown Courts.
The former shadow justice minister, Karl Turner, has been a vocal opposer to the government’s reforms and has concerns about the details in the Bill asking ‘how can we say this government cares about justice if we send people to prison for two years after a trial where they have had no lawyer?’
The Law Society has condemned the proposals, stating that the reform is ‘rushed’ and ‘risks weakening confidence in the justice system’.
