Pubdate: 3 Apr 1999
Source: Independent, The (UK)
Copyright: Independent Newspapers (UK) Ltd.
Contact:  http://www.independent.co.uk/
Author: Paul Waugh, Political Correspondent

Our Newshawk Writes: Although the following piece contains no reference to
drugs, I thought it may be of relevance since the proposed change in the
legal system may be used to prevent those charged of drug offences from
being tried by a jury of their peers.

STRAW PUSHES FOR NEW LIMIT ON JURY TRIALS

The Home Secretary has decided to push ahead with plans to restrict
defendants' right to a trial by jury.

The Government will introduce legislation later this year in an attempt to
speed justice and cut costs by using magistrates' courts rather than crown
courts for some cases, The Independent has learnt.

In a separate but related move, Jack Straw has also made clear he is
determined to abolish jury trials for complex and expensive fraud cases,
such as the Guinness and Maxwell affairs. He is now understood to be
convinced the right to opt for a jury trial should be removed for certain
types of "middle ranking" offences, such as theft and grievous bodily harm.

Defendants in magistrates' courts frequently choose a jury trial in a crown
court because they believe they have a better chance of acquittal, but many
change their plea to guilty at the eleventh hour. More than 21,000 people
opt for a jury trial every year, but with a contested crown court case
costing an average of UKP13,500 compared with the UKP2,500 cost of a
magistrates' hearing, Mr Straw is determined to press on with reform.

He has yet to decide which of four options set out in a consultation paper
last year would be included in a Bill. Among the alternatives are removing
some offences from the list of those triable either way; allowing
magistrates to determine the venue in all cases or those where the parties
could not agree; or removing the right to trial by jury from defendants
previously convicted of a similar offence. "The status quo is not an
option. We are aiming and hoping for legislation this parliament," said a
senior Home Office source.

Due to a lack of parliamentary time, a Bill outlining the changes is
unlikely to be brought forward before the Queen's Speech at the end of the
year. However, the Bill will certainly be on the statute book before the
next general election.

When the proposals were first publicised last September, an alliance of
civil liberties groups and lawyers attacked them as "ill considered". The
Bar, the Law Society, Liberty, backbench Labour MPs and the Access to
Justice pressure group warned the measures would undermine a fundamental
tenet of British justice.

Michael Howard, the former home secretary, shelved plans for reform after
they provoked widespread opposition among the legal profession.

Moves to abolish jury trials for complex fraud cases are also now being
"actively considered" by the Home Office. Fraud cases make up 1 per cent of
trials, but account for 40 per cent of the costs.

Pressure for reform increased after Kevin and Ian Maxwell were acquitted in
1996 of conspiracy to defraud the Mirror Group pensioners, a case that cost
taxpayers UKP20m. Among the options being considered are replacing juries
with either a panel of judges or a judge and two lay experts. 
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MAP posted-by: Mike Gogulski