Judges should sit without juries for criminal trials during lockdown, a former High Court judge has argued. Writing in the Times, Sir Richard Henriques, QC, has backed the radical move, arguing that legislation already allows for judge-only trials where jury tampering is suspected. “Our crown courts cannot remain closed when domestic violence is escalating, prisons are overcrowded with people awaiting trial, fraudsters exploit COVID-19 opportunities and the existing backlog of cases grows ever longer,” he writes.
However the majority of senior judges and lawyers oppose the idea. Lord Chief Justice Lord Burnett favours reducing the number of jurors on trials from twelve to seven to enable trials to go ahead. He added that the “use of big venues” such as university lecture halls to conduct crown court trials was “being thought about”.
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Support for Reduced Juries and Judge-Only Trials
In recent years, the justice system in Northern Ireland has seen growing discussions on the practicality and fairness of reduced juries and judge-only trials. At DND Law, based in Newry, we understand that these modifications could potentially play a vital role in delivering timely justice while ensuring balanced legal processes. As an established law firm committed to serving the community, we strive to keep our clients informed about significant changes that could impact their legal proceedings.
Historically, the traditional jury system has been a cornerstone of justice, allowing defendants the right to be judged by a group of peers. However, with an ever-increasing backlog of cases and the additional complexities posed by high-profile or sensitive cases, reduced jury sizes or judge-only trials could provide a practical solution. Reduced juries or judge-only trials can improve efficiency, streamline the legal process, and expedite cases that would otherwise face prolonged delays.
Judge-only trials can be particularly beneficial in complex cases requiring specialist knowledge, as a judge’s experience can provide a more nuanced understanding of the issues at hand. This approach can also be advantageous in high-profile or sensitive cases, where jury impartiality may be challenging to ensure. Moreover, reducing jury sizes can alleviate pressure on the system while maintaining the defendant’s right to a fair trial.
While DND Law supports the potential advantages of these approaches, we emphasise the importance of preserving fair representation and transparency in the justice process. Safeguards must be in place to prevent any erosion of defendants’ rights, and any changes should be applied judiciously, respecting the traditional values that underpin our legal system.
Our commitment to serving justice with integrity means we remain dedicated to providing expert guidance to our clients, ensuring they fully understand how these potential changes could affect their cases. At DND Law, we believe that supporting a balanced, fair, and effective justice system benefits the community as a whole. We remain at the forefront of legal developments, advocating for solutions that uphold fairness while embracing necessary reforms in the justice system.
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