The Right to Choose Jury Trial
| Author | Alec Samuels |
| DOI | http://doi.org/10.1177/002201839906300631 |
| Published date | 01 December 1999 |
| Date | 01 December 1999 |
| Subject Matter | Comment |
COMMENT
The
Right
to
Choose
Jury
Trial
Alec Samuels"
The right to choose
jury
trial, the 'right to elect', applies to nearly all
criminal charges of medium seriousness, eg criminal assault, serious
public disorder, theft (of
any
kind or any amount), burglary, criminal
damage over £5,000. At present the defendant D exercises the right to
choose
jury
trial in about 20,000 cases a year. In about 55,000 cases a
year the magistrates decline jurisdiction and direct jury trial. About
25,000 cases a year are indictable only.
Government are proposing in all either-way cases to abolish the
right to choose
jury
trial,
and
to substitute decision or direction by the
magistrates.
Abuse
Government allege that the present system is being abused or manipu-
lated by defendants
and
their legal advisers. Nine
out
of ten of those
who
choose jury trial have previous convictions, they
know
the system, they
are playing the system.
Delay
D is simply delaying conviction
and
sentence, 'putting off the evil day',
putting off the inevitable final result.
Dbenefits from
the
easier regime in custody for unconvicted
prisoners.
During
the
period of delay it is possible that the victim or a vital
witness may die, or fall ill, or fail to appear at the trial, or retract his
statement, or indeed be intimidated or 'nobbled'.
Any unnecessary delay taking up time in the criminal justice system
in respect of D inevitably results in delay for the hearing of the cases
of
other
defendants, anxious for their cases to be heard as soon as
possible.
The magistrates may spend considerable time determining
that
an
either-way offence is suitable for summary trial,
and
then
Dchooses jury
trial.
Change
of
plea
Although before the magistrates D pleads
not
guilty
and
chooses
jury
trial, in
the
event in
many
cases in
the
Crown Court Dchanges his plea
*Formerly Reader In Law. University of Southampton.
581
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