TRIAL BY JURY

Trial by Jury

Trial by Jury

Introduction

Crime and how to tackle it is a problem which faces all civilised societies. Equally important is that this should be achieved fairly and efficiently, within a framework of human rights standards, as it is often within the criminal justice system that these standards are not always upheld and abuses or neglect of human rights can occur. The main agencies and actors within different criminal justice systems, the policy-makers in government departments, the agents of enforcement such as the police and prison services, the courts, the legal professions, and local communities, can all learn from each other's experiences in addressing this problem and guaranteeing these standards(Baker 2002 pp. 72-76).

The Current System in England and Wales

Offences in England and Wales are subdivided into three categories; indictable-only, 'either-way' and summary offences. Indictable-only offences are very serious crimes, such as murder, manslaughter, rape and wounding with intent which can only be tried in the Crown court. The middle-ranking offences, such as theft, burglary and obtaining property by deception can be tried either in the Crown court or in the Magistrates' Court and are named 'either-way' offences. The least serious offences are mostly statutory such as most road traffic offences, and are tried summarily in the Magistrates' Court, hence named summary offences. The sentencing powers of the two courts differ immensely; the Crown Court can commit convicted defendants to life imprisonment whereas the Magistrates' Court has limited sentencing powers, imposing a maximum custodial sentence of twelve months( Hanly 2005 pp.253-278).

Currently, all indictable-only offences are tried by Judge and jury, (12 jurors) this being the mode of trial in the Crown Court. Where an individual, aged over 18, is charged with an offence triable either-way, a Mode of Trial hearing will take place at the Magistrates' Court. Before deciding where the individual's case may be heard, the defendant is asked to indicate his plea; an indication of a Guilty plea would waive his right to trial and obviate the need to determine mode of trial as, in contrast to the inquisitorial systems found elsewhere, our adversarial system does not require a trial once a guilty plea has been entered. If he enters a plea of Not Guilty, the Court will then go on to decide whether to accept jurisdiction; the magistrates will take into consideration factors such as the nature of the case and their sentencing powers and various other factors set out in the relevant legislation(Cairns 2002 pp.89-109).

At the Mode of Trial hearing, the magistrates initially determine whether they have the power to try the defendant's 'either-way' case, but ultimately the defendant can insist on trial by jury.

The Evolution of the English Jury

Historically, jurists have disagreed about the origins of the English jury, whether it was indigenous or whether it was imported by the Normans, in the wake of the Norman Conquest of 1066. However, they largely agree that the origins of the jury are lost in the mists of time, and they generally ...