Pubdate: Thurs, 20 May 1999 Source: Independent, The (UK) Copyright: 1999 Independent Newspapers (UK) Ltd. Contact: 1 Canada Square, Canary Wharf, London E14 5DL Website: http://www.independent.co.uk/ Author: (1) Dr Chris Payne; (2) Dr Gary Slapper TRIAL BY JURY Sir: Anyone who has ever attended a magistrates' court will have seen the magistrates suspiciously and aggressively question the defendant while falling over themselves to defer to the police before invariably finding for the prosecution ("Thousands lose right to jury trial", 19 May). To allow magistrates to try summarily many more of those offences which now go before a jury will, without doubt, lead to a much higher conviction rate - possibly, I would guess, as high as 100 per cent. The Home Secretary's measure is half baked. If it is implemented, it will soon become obvious that much time and money will be saved if the formality of an appearance before the magistrates, with its inevitable conclusion, were to be dispensed with completely. If Mr Straw were to think the measure through, he would surely come to the conclusion that it would be much more efficient if convictions could proceed automatically on the word of a single police officer. Dr Chris Payne, Uxbridge, Middlesex Sir: If, for serious crimes, you support the rigmarole of jury trials because so much is at stake for the defendant, how then can you justify removal of the defendant's right to a jury trial in cases which manifestly threaten a life-ruining outcome for a defendant? Offences involving sex and dishonesty are cases in point. Currently, criminal offences are divided into three sorts: minor offences only triable by magistrates; offences which can be tried by magistrates or juries; and serious offences which only be tried by juries. The rationale is that the jury trial is a better, safer way to try the more serious cases, and a way that bolsters public confidence in the criminal justice system. In earlier times, judges would often fine or imprison jurors who persisted in returning verdicts at variance with the preference of the bench. In 1671 a case established that juries should be immune from punishment for their verdicts. Trial judges meddling with jury verdicts, however, was nothing compared with the Government's plan to rule out jury trials for whole categories of serious offence. And for what justification? The price of a few rooms in the ostentatious new palace of MPs offices. Dr GARY SLAPPER, The Law Programme The Open University, Milton Keynes, Buckinghamshire - --- MAP posted-by: Don Beck