The Labour Party has called for the number of people serving on a jury to be reduced from twelve to seven. Shadow Justice Secretary David Lammy has suggested such measures would help to relieve the courts of the backlog of cases that they are currently facing. This comes after four criminal watchdogs have warned that they have “grave concerns” about both the short-term and long-term impacts of the more than 457,000[1] unheard cases currently within the criminal court system on the entire criminal justice system.

The backlog has been caused by the pandemic, which initially prevented court hearings from taking place when lockdown advised people to stay at home and has significantly reduced the number of cases that the courts have been able to hear.

While the majority of these unheard cases involve less serious crimes, around 54,000 cases are waiting to be heard in the Crown Court, which deals with the most serious of offences. Around 65% of these are believed to be trials. This means that victims of serious crime face delays to the hearing of their case, often resulting in them withdrawing support for the prosecution, key witnesses find it more difficult to recall events that took place months ago, and prosecutors waste time preparing for cases that never actually go ahead.

Of the 410 courtrooms available to hear cases in Crown Courts, only 290 are safe enough to hold jury trials, and these cannot necessarily all be used at any one time.

Wartime Juries                   

The number of jurors that served on a jury was reduced temporarily in 1939 until the end of the Second World War. Juries during this time were made up of seven jurors, rather than the traditional twelve, except in cases of treason or murder.

Labour wants similar action to be taken in order to reduce the space required to hold jury trials – so that trials can take place in smaller spaces but with social distancing measures still in place, and with less of a risk of jurors contracting the virus. Lord Chief Justice of England and Wales, Lord Burnett has also previously given his support to these measures.

Will this Solve the Current Problems?

Many who work in the legal profession seem to say no. First of all, many point out that Labour appears to be missing the all-important context around the decision to reduce jury numbers during the Second World War. The reason jury numbers were reduced during WW2 was because of an anticipated shortage in the number of eligible people available to serve on a jury due to conscription – not because there were too many cases backlogged in the system.

The question remains as to which of the current problems facing the system will actually be solved by implementing these measures. Reducing jury numbers will not speed up trials, nor will it fix the chronic deficiencies of the system – namely the reduction in the number of actual courts in the UK alongside the reduction in the number of days that judges can sit. While it may increase the number of trials that are currently taking place, an increase in trials will also mean an increase in court staff, barristers and judges needed to be present in the court room – stretching the already very stretched resources available to the court, and leaving even more people vulnerable to catching the virus in courts that are already facing outbreaks of Covid-19. Trials also require a socially distanced room for the jury to discuss their decision. 

If reducing jury numbers isn’t the answer, that it is necessary to look at other legal systems and see how they are dealing with the pandemic. In Scotland, juries are able to watch trials via video-link in a cinema. In Germany, if the parties agree, cases can be concluded without a hearing, but rather based on the provided documents. Rapid testing in courts is also an option to reduce the risk of the virus, as well as remote hearings. While drastic measures are required to solve the current crisis facing the justice system, uprooting the cornerstone of the justice system cannot be justified as one of these measures. Instead, a little creativity, modernisation and most importantly, funding, is required to ensure that justice is served in every case.

Stella Maris Solicitors LLP can help you with any criminal issues that you may have, including driving offences, ABH and public order offences. If you would like more information, or to book a consultation telephone 01793 296118 or email mail@stellamarissolicitorsllp.co.uk.

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[1] https://www.bbc.co.uk/news/uk-politics-55813636