Opposition mounts over government's campaign to dump option of jury trial

Lawyers and opposition politicians have called on the government to abandon its attempt to force through legislation which would restrict defendant's rights to opt for a jury trial.

The Criminal Justice (Mode of Trial) (no 2) Bill floundered last week at the hands of a cross-party alliance of Conservative, Liberal Democrat and dissenting Labour peers who voted by 184 to 88 against the Bill.

The Bill seeks to remove a defendant's right to opt for a jury trial in either-way offences, such as burglary and theft, leaving the decision on venue to magistrates.

Earlier this year, the government was forced to shelve the first version of the Bill after a similar Lords' coalition rendered it toothless (see [2000] Gazette, 27 January, 5).

Despite a second defeat, a spokesman for Home Secretary Jack Straw said the government would be seeking to bring forward further legislation 'when parliamentary time allows'.

Under parliamentary procedures, it still remains open to the government to by-pass the House of Lords and force a further identical version of the Bill through the House of Commons before the end of this parliamentary session.

Lord Strathclyde, Conservative leader in the Lords, said: 'This was an utterly decisive verdict.

The House of Lords has again refused to accept any erosion of what is a fundamental English liberty.' He said the government's approach from now on would be a 'litmus test' of whether it is a listening government.

Law Society President Michael Napier said it was 'a great victory for human rights'.

He added: 'A person's right to choose to be tried by a jury of their peers should be cherished and we have campaigned against this Bill for some time.'

He added: 'We hope that the government will not use its large majority to force this Bill through.'

Speaking in last week's Lord's debate, Baroness Kennedy, a dissenting Labour peer and criminal counsel, called the Bill a 'profound mistake'.

She added: 'Fortunately, this is a mistake that can be cured before the damage is done.'

Another dissenting Labour peer and criminal barrister, Baroness Mallalieu, also voted against the Bill.

She said the right to elect for jury trials was seen as 'the principal safeguard for minorities and dissenters'.

Sue Allen