Author Archives: Michael Froomkin

In what can only be described as a close shave for civil rights, an English Judge has rebuffed an attempt by the UK government to get him to exercise for the first time the statutory power to try a criminal case without a jury.

Details of the request are at Judge may sit alone in drugs case deemed too dangerous for a jury. England long ago dispensed with the civil jury for the large majority of cases (libel being one notorious exception) and the Brown government is apparently contemplating using the Parliament Act 1949 to force through a law allowing the most complex fraud cases to be tried without a jury.

The power to waive a jury in criminal cases is relatively new and so far never used. And, it appears, despite the prosecution's request, this time the UK has dodged the bullet:

A judge has rejected the first attempt in England and Wales to hold a big criminal trial without a jury. Prosecution lawyers applied for the case to be tried by a judge alone because of fears that jurors could intimidated or bribed. The judge ruled that steps could be put in place to ensure the jury was protected, and that he could still discharge the jury and hear the case if evidence of tampering emerged.