-Caveat Lector-

5/19/99 -- 11:16 AM
Government proposes new restrictions on right to jury trial


LONDON (AP) - Judges, not defendants, will decide whether a jury should hear
certain cases under a legislative proposal announced by the government today.
Home Secretary Jack Straw, the Cabinet official in charge of criminal
justice, said many defendants were using the right to a jury trial to delay
the system.

``In 1998, there were 18,500 cases in which the defendant demanded their case
be heard before a jury. In many of these the defendant changed their plea to
guilty when they appeared in court,'' Straw said in a speech to the Police
Federation Conference in Blackpool.

The change will apply to offenses such as theft, burglary, assault and
criminal damage, which may now be tried either before a magistrate without a
jury, or in a jury trial in Crown Court. More serious offenses will continue
to be tried in Crown Court.

Other less-serious cases such as motoring offenses and drunkenness are
already tried exclusively before magistrates.

``This manipulation of the system cannot be right,'' Straw said. ``It causes
anxiety and concern to victims and witnesses and it costs the taxpayer
thousands of pounds in extra court costs and legal aid. It also wastes the
valuable time of police officers, prosecutors and judges who prepare for a
trial only to be stood down because of the changed plea.''

Defendants will have a right to appeal a magistrate's decision to refuse a
jury trial, he said.

The government will introduce the legislation as soon as possible, but Straw
did not specify a date. The governing Labor Party has an overwhelming
majority in the House of Commons, and the measures are likely to pass.

Courtenay Griffiths of the Society of Black Lawyers said minorities were
skeptical of the fairness of Magistrates' Courts.

``A fair hearing from a randomly selected panel of jurors greatly enhances
the confidence that minority communities have in the justice system,''
Griffiths said.

About 40 percent of defendants in Crown Court jury trials are freed, compared
with 25 percent tried in Magistrates Courts.

Copyright 1999 Associated Press. All rights reserved. This material may not
be published, broadcast, rewritten, or redistributed.

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