Former justice secretary Jack Straw says right to choose jury trial lets defendants ‘game’ courts
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The Labour grandee called for the government to scrap the right to a jury trial for ‘either way’ mid-level offences amid soaring court backlogs. The government should scrap the right of defendants to choose trial by jury for some mid-range offences, former justice secretary Jack Straw has said.
![[Shabana Mahmood has commissioned a ‘once in a generation’ review of courts due to soaring backlogs]](https://static.independent.co.uk/2024/12/11/09/dcd8c67ece0219ea4f99a7decf2129bcY29udGVudHNlYXJjaGFwaSwxNzMzOTkwOTA0-2.78022296.jpg)
He branded laws allowing someone on trial to choose whether their case will go to a crown court a “ridiculous anomaly” which enabled defendants to “game” the system amid soaring court backlogs. Currently, alleged criminals accused of “either way” offences such as theft, burglary and drug offences, have the right to choose for their case be moved from the lower-level magistrates court to a crown court where their case can be heard by jury.
![[Jack Straw said the government should consider scrapping the right to jury trial for ‘either way’ offences]](https://static.independent.co.uk/2024/12/03/13/a111613bdc26f0c0c475e729d78a598bY29udGVudHNlYXJjaGFwaSwxNzMzMzE2NzI1-2.40523084.jpg)
Defendants often elect jury trial because they believe it gives them a better chance of acquittal or a lighter sentence, according to Mr Straw, who served as one of New Labour’s most senior politicians. “I’m not sure you have [a better chance]. But what that is also saying is that the quality of justice in the magistrates’ courts is poor, which I don’t accept,” he said in wide-ranging interview on the justice system in the podcast Where Politics Meets Justice.
He urged the current government to look at removing the right as Shabana Mahmood, the current justice secretary, considers measures including new intermediary courts to tackle soaring court backlogs. In December, the outstanding crown court caseload reached a record high with 73,105 waiting for hearings.
