Suspects in sex cases that have outraged the nation could petition to the courts for a trial without a jury under new plans put forward to the justice minister. Labour’s Shabana Mahmood, the Secretary of State for Justice, commissioned the review authored by Appeal Court judge Sir Brian Leveson to sort an astonishing backlog in the country’s court system.
Sir Brian’s findings are aimed at finding a way to tackle a mountain of 77,000 cases awaiting resolution, which means at present many victims of crime have to wait until 2029 to see a suspect brought before the courts. Ms Mahmood is expected to announce findings of the review will recommend allowing defendants to ask for a judge-only trial without a jury.
The system of opting-out of a jury is similar to that used in Canada, New Zealand and Australia. However, the idea of pulling a jury from cases has been met with consternation from some MPs and legal experts.
According to the Telegraph, reviews in the past have suggested reforms to the court system which could allow defendants charged with sexual or violent offences, or those from minorities or sects, to face a judge without a jury present.
Speaking last month about his current review, Sir Brian stressed any request for a trial without a jury would require agreement by the judge sitting on the case.
He said: “I’m also going to talk about the extent to which a defendant should be allowed to elect to be tried by a judge alone, as happens in Canada, Australia, and New Zealand.”
Sir Brian continued: “There are some cases, which I would not consider appropriate for a judge to try alone, and I would give the judge a discretion. So a defendant may say, ‘I would like to be tried by a judge alone”, and the judge would be perfectly entitled to say, ‘I think not’.
“I can also see lots of examples. I can see defendants, perhaps charged with cases that attract public opprobrium being concerned about a jury coming in from their daily lives to face that trial.
“Equally, I can see if it’s that much public opprobrium why a judge may say, ‘I’m not sure about that.’ So there is a balance to be done, but judges make judicial decisions all the time.”
