header-logo header-logo

10 March 2021 / James Harper
Issue: 7924 / Categories: Opinion , Rule of law , Criminal
printer mail-detail

Jury trials: a cornerstone of the rule of law?

41994
No matter the challenges jury trials present in these unprecedented times, they are essential in upholding the rule of law, says James Harper

Jury trials sit at the heart of the criminal justice system in England and Wales. The opportunity to put your case before 12 of your peers is so fundamental to how we enact justice, many consider it to be a constitutional right.

Notwithstanding this virtue, there can be no argument that jury trials present a logistical challenge that other parts of the justice system do not have to grapple with (or certainly not to the same extent). This challenge has been exacerbated by the COVID-19 pandemic and the accompanying restrictions.

These logistical challenges—and, in particular, the pandemic—have been used by many to explain the fact that the courts of England and Wales are suffering from a significant and growing backlog of cases. Someone arrested in 2021 for a serious criminal offence may now have to wait until 2023 to have their case heard.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
back-to-top-scroll