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02 June 2023 / Michael Zander KC
Issue: 8027 / Categories: Features , Criminal , Procedure & practice
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Zander’s reflections: the jury system

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In the first of an occasional back page series, Michael Zander asks how much confidence people have in the jury system

The late Louis Blom-Cooper was not a fan of trial by jury in criminal cases. In one of the chapters in his Power of Persuasion—Essays by a Very Public Lawyer (Hart, 2015) Blom-Cooper wrote (p185): ‘It is assumed by criminal practitioners that the [jury] system does evoke the public’s confidence. But what evidence do we have for that supposition?’ He thought, ‘impressionistically speaking’, that until the Second World War ‘the British had overwhelming faith in the jury system’ but that, although support was still strong, ‘there is a growing disenchantment with its validity’.

Reading this recently, I went back to the Crown Court Study (1993), which I conducted as a member of the Runciman Royal Commission on Criminal Justice. The Crown Court Study (the Royal Commission’s Research Study No 19) was based on questionnaires completed by the participants in every case completed in every Crown Court in the country in a two-week period in February 1992 (except the

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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