- In England and Wales, a dramatic overhaul of the justice system is underway, with thousands of jury trials set to be scrapped.
Only the most serious crimes will continue to be tried before 12 citizens, while all other cases will move to judge-only courts, a change the government claims will speed up proceedings.
Justice Secretary David Lammy told MPs the reforms would get cases heard a fifth faster and prevent delays, as more victims are not going through with prosecutions due to long waits.
But there are arguments that the move undermines the justice system.
Tara Duggan, host of the Newstalk Daily podcast, spoke with barrister Peter Leonard, co-host of The Fifth Court podcast, who warned:
“It’s the beginning of the end of a centuries-old right, that right to be judged by your peers.”
Jury trials date back to the Magna Carta of 1215.
“It basically said that nobody could lose their property or their liberties without the assessment of their peer so you’re judged by your peers," said Leonard.
In Ireland, however, the landscape remains very different.
“For more serious offences, it is entirely appropriate that it is tested before a proper jury and let the jury decide,” he added.
The Irish Constitution protects jury trials in criminal cases, and there are currently no plans to remove them.
Leonard outlined how the jury system operates in Ireland today:
“Everybody on the electoral register is eligible to serve, you get a letter and you are required to attend at the courthouse for the jury call over.”
“It’s a constitutional obligation to serve on a jury,” he added.
Ireland’s jury system has also evolved, Leonard noted,
“Up until the mid-1970's, women were exempt from jury service.”
It was only after Máirín de Burca took a case to the Supreme Court that gender discrimination was removed.
Leonard cautioned that while jury trials take longer,
“you have to empanel jurors, consider objections, and that adds time.
The principle of having your peers decide your fate is central to justice.”
Written by Annemarie Roberts
