15 November 2006

Law Society

http://www.lawsociety.org.uk

Abolition of Juries in Fraud Trials

Law Society remains steadfast in its opposition to abolish juries in fraud trials

Government plans to introduce a stand-alone Bill to remove juries in fraud trials will be fiercely opposed again by the Law Society

The Law Society believes trial by jury in all serious criminal cases is a fundamental right, vital to the public confidence in our justice system.  Juries£ ensure democratic accountability in the criminal courts, provide a barrier against oppressive or politically motivated prosecutions, and enhance the transparency of the justice system.

Fraud trials frequently come down to the question of whether the accused was acting dishonestly. The legal test for dishonesty offences relates to what an ordinary citizen perceives to be dishonest.  It is absolutely right for juries, not judges, to determine that.

Sustained criticism from the Law Society and other bodies earlier this year forced the Government to back down from using section 43 of the Criminal Justice Act 2003 to remove juries in fraud trials.

Andrew Holroyd, Law Society Vice President, insists that trial by jury is sacrosanct:

"Judge only trials for white collar crime would create a perception of a two tier justice system.  People convicted of serious dishonesty rightly face long prison sentences but they should not be deprived of the right to jury trial.   It is condescending for politicians to claim that jurors cannot understand or follow the evidence in fraud trials."

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Law Society
113 Chancery Lane
WC2A 1PL
Tel: +44 (0) 20 7242 1222
Info.services@lawsociety.org.uk
http://www.lawsociety.org.uk

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