Robert Buckland Weblog

The BBC have obtained figures showing that the number of “hung juries” on trials in England and Wales has doubled since 2006.  My worry is that although these figures are interesting,  they give us no clue as to why this is.  I very much hope that those who presume to control “outcomes” from the criminal justice system will not be tempted to use these statistics as support for further restrictions to Jury trials.  Remember the words of Lord Devlin, who reminded us over forty years ago that the Jury system is “the lamp that shows that freedom lives”.  He talked about one of the first acts of “tyrants in Whitehall” being attempts to restrict the right to Trial By Jury.

My suspicion is that the increased number of undecided Juries will be as a result of several reasons: firstly, decisions by Prosecutors to bring cases to trial that only a few years ago would not have been pursued.  The test for Proseuctors in bringing a case is firstly whether or not there is a realistic prospect of conviction and secondly whether it is in the public interest to bring the case.   With good intentions, Crown Prosecutors nowadays adopt “policies” when it comes to certain types of offence.  I am always very keen to make sure that the interests of complainants are properly served, but we cannot escape from the essential truth that each case is unique, and should be judged on its own merits.  Is the bringing to Court of “marginal” cases a cause of this?

Another reason could be the popularity of court dramas and forensic science programmes.   I am sure that Juries are reassured by the presence of positive scientific evidence.  Quite sensibly, they view such evidence as often having more force than lay witness evidence, for obvious reasons.  Financial constraints on investigations, however, loom very large.  Sometimes, it has not been possible for forensic examinations to take place, because permission has been refused for further money to be spent in that way.

If we are to avoid the heavy cost of re-trials, I suggest that we should invest more money in the proper and full scientific investigation of serious offences.   Sound and compelling scientific evidence will often result in guilty pleas, saving time and cost.  Is this yet another example of a false economy being made?

Whatever the source of the problem, it would be very wise of politicians not to blame the jurors.  The Labour Government are about to echo the Tory pledge to create a British Bill of Rights.  I very much hope that the Right to Trial By Jury will be part of such a measure.