David Vance SubstackRead More
I suppose it had a good run. I’m talking about the right to trial by Jury! The concept is enshrined in Magna Carta and dates back to the 12th century. It is a foundational element of English Common Law, along with the Presumption of Innocence. Yet the new Justice Secretary, David Lammy, is considering abolishing it except for the most serious cases!
“Justice Secretary David Lammy is proposing to massively restrict the ancient right to a jury trial by only guaranteeing it for defendants facing rape, murder, manslaughter or other cases passing a public interest test. An internal government briefing, produced by the Ministry of Justice (MoJ) for all other Whitehall departments, confirms plans to create a new tier of jury-less courts in England and Wales.
The new courts would deal with most crimes currently considered by juries in Crown Court. But the MoJ said no final decision had been taken by the government. The plans, obtained by BBC News, show that Lammy, who is also deputy prime minister, wants to ask Parliament to end jury trials for defendants who would be jailed for up to five years. The proposals are an attempt to end unprecedented delays and backlogs in courts, and do not apply to Scotland or Northern Ireland”
So this ancient and fundamental right could be set aside and Judges alone will make the determination of your innocence or guilt. How do you feel about that? It horrifies me and yet it doesn’t really surprise me. Constitutional vandalism is something that Labour relishes, as the Tony Blair years proved. But this is a really frightening idea insofar it is a clear abrogation of our fundamental right to a fair trial. The right to be tried by a jury of your peers is something that should be entirely non-negotiable and yet Lammy seems to think it is dispensable in the interests of saving costs and clearing up the case backlog.
Once gone, it will not come back.
