Emancipation
England, Northern Ireland, Scotland & Wales
Is the government planning to kill off juries?
The terms of reference for Lord Goldsmith's report "Citizenship - Our Common Bond" includes a request to, "explore the role of citizens and residents in civic society, including voting, jury service and other forms of civic participation"
It is notable that by far the weakest section of this last part of the report was the treatment of juries. Indeed "exploration" was limited to simply stating the conditions for jury service under the Juries Act of 1974.
And yet in a country where governance is held by political parties who enjoy a minority of electoral support and yet who impose legislation on the majority through a disproportionate majority vote in Parliament, the role of the jury of citizens in overseeing the application of the law becomes even more important.
The tendency, however, has been for governemtn to veer towards the support of a quasi codified application of the law by using lay magistrates who rely on a solicitor for advice in taking decisions. As a result the British system has gravitated towards a system which acquits less than juries.
The role of the community conscience in overseeing legal decisions, so as to prevent arbitrary decisions, is an essential characteristic of English Common law. However, without making any clear statements as to intent and by applying a slowly as you go strategy our political parties hope that the weight of European Law and political party interests will kill the jury system off. Their reason is not saving money or any superior logic with respect to justice but simply that this move will provide politicians as legislators with a more unimpeded ability to rule using law. Juries are an essential bulwark in upholding a continuation of the rule of law even although when necessary they nullify laws.
Some of the most important aspects of the defence of freedom now enshrined in Human Rights legislation were first established as precedents by juries nullifying laws very much against the wishes of governemnt and the judges in the courst concerned.
Government's have never liked this ability of juries and yet in terms of creating fundamental steps to the increased freedoms of the people in this country, juries have been vital.
Lord Goldsmith was asked to explore the role of citizens and residents in jury service and other forms of civic participation and his response is an obvious non-committal to exploration on the question of juries. Whether this lack of vision or understanding on the vital democratic participatory role of juries is some personal quirk or whether Lord Goldsmith was instructed not to explore this area too energetically by Jack Straw, in unknown. However, in terms of the citizens of the country this dismissive attitude to this important institution is an affront to its historic contribution to freedom and a denial of contemplation as to its future role. The people of Britain need to watch this space.....
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