We must retain the right to trial by jury
It also means that victims are left waiting too long for punishments to be meted out for the offences against them. Close to 77,000 cases are pending in the Crown Court in England and Wales.
A review by Sir Brian Leveson, a former High Court judge, has proposed that in order to clear the backlog, thousands of cases that would normally be heard in front of a jury should be decided by judges alone.
He said that without a fundamental reform the system faced total collapse. Sir Brian also called for more out of court settlements, such as a greater use of cautions, and for some inmates to serve just a small part of the term handed down.
There is unquestionably a crisis in the system but whether Sir Brian's proposed solutions are the right approach is another matter. There is a danger of replacing one injustice with another. Many thousands of so-called 'either way' cases are already heard by magistrates alone so there is no absolute requirement for juries.
Nonetheless, to remove even more from the scrutiny of juries is to deny access to a cornerstone of English justice and should be resisted whatever the apparent logistical attraction. The ancient right, dating to Magna Carta, to be tried by one's peers should not lightly be discarded.
Other remedies must be considered, including sitting throughout the summer rather than taking a two-month recess. How can that be justified in such a crisis is hard to understand. If the courts are full, cannot other public buildings be used as temporary venues in which judges and juries can sit? Why can't more retired judges, made to leave office aged 70, be recruited back to the colours? Should all judges and juries not sit around the clock until the backlog is cleared?
Moreover, the suggestion that more crimes should be dealt with by a caution is to further diminish the importance of deterrence in our system, already undermined by reduced jail terms and early release. Most offences are committed by a small number of repeat felons. If they think they can get away with just a ticking-off they will not be dissuaded from a life of crime.
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