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22 February 2007 / Ian Francis
Issue: 7261 / Categories: Opinion , Procedure & practice
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Fit for purpose

Contrary to some observers’ fears, juries can deal with complex fraud trials, argues Ian Francis

The universal application of the jury is again under attack, and this time it’s serious. I have followed this campaign for some years now. So when I read Lady Elizabeth Butler-Sloss’ judgment setting out why she did not intend to call a jury in the Princess of Wales inquest, I sat up and took notice. On a further reading I realised that I had given undue weight to the most alarming phrases.

Here is a redacted version of the paragraph which will give you an idea of my first impressions:

 “I see the advantages of calling a jury of ordinary citizens to make an impartial decision…[but]…the disadvantage of a jury is the need…to have a careful and fully reasoned decision reviewing all the relevant evidence and providing a clear conclusion [and]…[s]uch a reasoned decision…cannot be given by a jury.”

Mohamed al Fayed instructed Michael Mansfield QC at the preliminary hearing to argue for the appointment of a jury in

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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