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Fit for purpose

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