Ministers resurrect plan to cut jury trials

Ministers have resurrected plans abandoned by former justice secretary Jack Straw to restrict jury trials for either-way offences, The Times has reported this morning.

Victims' commissioner Louise Casey was strongly criticised when she called in a report in November 2010 for the proportion of either-way offences to be sent up to the Crown Court to be cut from 20 to ten per cent (see solicitorsjournal.com, 8 November 2010).

Straw twice ditched a similar move after strong opposition from the legal profession.

Ministers are said to be reconsidering the issue as part of their response to last summer's riots and, according to The Times, it could feature in a white paper as soon as next month.

The Magistrates Association is in favour of restricting the right to elect Crown Court trial.

Speaking to Solicitors Journal today, John Fassenfelt, the new chairman of the association, said he believed the white paper would cover a whole range of issues relating to criminal justice, including extended opening hours for courts and reforms to community justice.

Fassenfelt said it was difficult to specify a financial limit for the theft cases which would no longer be heard in the Crown Courts but consideration should be given to separating first-time and repeat offenders.

'The classic is the drug addict who is continually stealing meat to sell at the local pub. Should they have the right to elect for a Crown Court trial?'

Fassenfelt said he believed that if there was a will to make changes in this area, the government should sit down with the Law Society, the Bar Council and others and discuss it.

As a result of the court closure programme, Fassenfelt said his local court, Sittingbourne Magistrates, had closed and he had to travel to 'where the business was' in Chatham, Maidstone or Sevenoaks.

A spokesman for the MoJ said ministers had 'no plans to remove trial by jury'.

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