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10 March 2021 / James Harper
Issue: 7924 / Categories: Opinion , Rule of law , Criminal
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Jury trials: a cornerstone of the rule of law?

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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. Whether accused or victim, this is a huge mental and

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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