HAMLYN - College of Social Sciences and International Studies ...

Criminal Justice
For me that is a powerful argument in favour of the lay
magistracy.
No matter what reforms and improvements are made in
regard to magistrates' courts, it is obvious that the main
differences between the two levels of criminal court will
remain. 20 They are systemic differences that flow from the
essential nature of the two institutions. Since it seems to be
accepted as a given by almost everyone, it is perhaps not
sensible to treat it as a problem.
What definitely is a problem is the method of allocating cases
to the two levels of court which has been and remains a subject
of fierce controversy. Of all the 352 recommendations made by
the Runciman Royal Commission, the one that provoked most
controversy was that defendants should lose their right to insist
on jury trial in what are called "either way" cases, and that if
prosecution and defence could not agree, the mode of trial
should be decided by the magistrates in the light of statutory
criteria. The proposal was denounced by a wide variety of
commentators for taking away a valuable (or rather, an invaluable)
and historic right. 21
Six years on, the Home Secretary, Mr Jack Straw announced
this May that he intended to implement the proposal—despite
having strongly criticised it when he was in opposition—and the
bill to give effect to that intention has now been published. 22 The
Government estimate that some 12,000 cases currently dealt
with in the Crown Court would, as a result, be handled instead
in the magistrates' court with a net saving in cost of some £105
million. 23
The Runciman Commission was unanimous on the subject
and I can report that its members, though bloodied, were
unbowed by the storm of criticism that the proposal provoked. I
acknowledge that reducing access to jury trial has the wrong
ring to it. But there are powerful reasons that support this
20 For an itemisation of the disadvantages of summary trial see N. Ley, "Inferior
justice", New Law Journal (September 10, 1999), p. 1316.
21 The defendant's right to elect does not date back to Magna Carta as some
assert but rather to the Criminal Justice Act 1855 when the magistrates were
given jurisdiction to try simple larceny cases involving five shillings or less
with the consent of the defendant. That was the first time the defendant was
given a power to choose.
22 Criminal Justice (Mode of Trial) Bill, introduced in the House of Lords on
November 18, 1999.
23 Explanatory Notes to the Bill.
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