Every few years the press unleashes a symbolic crusade on us – incest, prohibition, Dunblane, Black Lives Matter, #MeToo – in which moral entrepreneurs campaign ostensibly over one thing but use it to promote hidden intentions.
At the moment, there is the sniff of a moral crusade both in the early release of prisoners and speeding up justice. Magistrates are to be allowed to sentence miscreants to 12 months. This, coupled with a review of the justice system by Sir Brian Leveson, will clear the courts backlog. The first has brought an immediate response from criminal defence lawyers who argue that this is in no way helpful, and a defensive cry from lay magistrates.
The second suggestion of speeding things up includes a new tier of offence to be dealt with by a judge sitting with two lay magistrates.
However, there are several ways in which justice can be expedited without such root-and-branch changes. For a start, do we need the judge to give their view of things? The jury has by then heard the story endlessly repeated. What about merely giving directions on the law? Then, when the defendant has been convicted, why do we need to adjourn for sentence? If he is going to plead guilty, get reports done for the hearing. If he pleads not guilty and is convicted, it shows no recognition of his offence. How is it that cases which in the 1960s lasted a bare morning, now last a day and a half? I recall one murder case when my expert witness for the defence was called in the middle of the afternoon of the first day. Unimaginable today, with the photocopier and electronic surveillance.
If the defendant does not appear and gives no explanation, don’t have the matter adjourned – have a trial in his absence. What about the trial judge limiting the time for closing speeches? A jury of six in misdemeanour cases? Judge alone? Or should that be experienced judges and advocates?
The only real way will be a further erosion of our liberties by withdrawing the right to a jury trial in more cases – which may have been hidden behind the screen all the time.
James Morton is a writer and former criminal defence solicitor
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