Labour's threat to the ancient right of Trial by Jury

Nick Cohen and Francis FitzGibbon KC - a prominent barrister and former chair of the Criminal Bar Association - discuss the proposal by Labour politicians, including Sir Keir Starmer and David Lammy, the Justice Secretary, to restrict the right to trial by jury, which Nick finds astonishing given Starmer's previous advocacy for human rights and anti-racism. Francis argues against the proposed changes, which Nck thinks could expose ethnic minority defendants to unchecked racism. Francis argues that once the politicians have removed the right to trial by jury - it will be gone for ever.

Throwing out the baby with the bathwater! Attacking jury trials to deal with deepening courts crisis

The discussion focuses on the legal system's backlog crisis, with Francis describing it as a disaster with 80,000 cases and delays extending to 2030. Nick and Francis discuss the report by former Appeal Court judge Sir Brian Leveson which Francis criticises for recommending strict curtailment of jury trials, a proposal he viewed as unnecessary and ineffective. Nick raises concerns about the independence of judges reviewing jury trials, suggesting that judges might be inclined to support removing juries from complex cases. Francis argues that judges are no better than juries in investigating human behaviour and coming to the right verdict.

Juries, Francis FiztGibbon KCargues, are not just vital for the administration of justice - they give ordinary members of the public a stake in the system of rules and laws by which they are governed.

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Francis FitzGibbon KC was chair of the Criminal Bar Association (2016-2017) and has a wide-ranging and diverse trial practice covering all types of serious crime (prosecuting and defending). High profile cases include R. v Marten (gross-negligence manslaughter of a baby), R. Mohammadi (the Colindale allotment murder) and R v Alemi (fraud by successfully working as a psychiatrist with forged educational certificates). Francis has been recognised as a leading barrister in Crime for many years (Tier 2 Silk), and is ranked in the Legal 500, as ‘a highly intelligent Silk’. 

Nick Cohen's @NickCohen4 latest Substack column Writing from London on politics and culture from the UK and beyond.

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