How could trials work without juries?
A reduction in the number of jury trials has been suggested as a means to help clear the backlog facing the British court system.
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Former top judge Sir Brian Leveson, investigatory powers commissioner, published proposals on Wednesday to shake up the legal system.
Shabana Mahmood requested the reforms with some victims forced to wait as long as five years for their case to come to trial.
The justice secretary told LBC’s Nick Ferrari back in December that some jury trials could be on the way out due to the “unacceptable” backlog.
She said: “We are going to have to think about different levers, because the problem we have at the moment is victims are waiting far too long to have their case heard in court.”
The crown court backlog passed the 75,000 mark in March and the reforms have suggested means to save 9,000 sitting days per year to speed the processes up.
“These are not small tweaks but fundamental changes that will seek to make the system fit for the 21st century,” Sir Brian said.
Chairwoman of the Bar Council, Barbara Mills KC, rejected the need to curtail the right to a trial by jury, arguing that juries represent society and a fundamental part of the system.
Nevertheless, the government is set to look at Sir Brian’s proposals.
Here is how a trial could work without a jury.
Expanded Magistrates powers
An option could be to give Magistrates Courts the powers to hand custodial sentences of more than one year, as is the current limit.
With “either way offences” a defendant can opt for a jury trial, which will slow a process down, rather than being sentenced immediately by a magistrate. Giving magistrate greater powers could stop this happening quite as often.
Sir Brian said that reforms would expect to need more than 20,000 magistrates, rising from the current 14,600.
Lay judges
Britain could follow the German model of allowing lay judges to decide on cases. These judges are members of the public promoted by the local council as potentially good candidates. Once selected, the lay judge will serve a five year term and will decide on cases as part of a panel.
Powerful judges
As is the case in India, a judge could be given ultimate power to decide on court cases, delivering faster verdicts.
“After hearing arguments and points of law (if any), the judge shall give a judgment in the case,” states the Indian Code of Criminal Procedure 1973.
Only juries for the most serious cases
In France, jury trials are reserved for only the most serious cases - involving cases that carry a minimum sentence of 15 years.
This was the case in the recent trial of Dominique Pelicot, who was found guilty of drugging his wife Gisele raping her, and inviting dozens of men to also abuse her.