The centuries-old tradition of trial by jury is facing its most significant potential transformation in modern history, as the Department of Justice (DOJ) launches a comprehensive review of its operation across England and Wales.
This sweeping consultation, which follows a similar review in Northern Ireland, is examining radical proposals that could fundamentally alter how justice is delivered. Among the most contentious measures under consideration is a reduction in jury size from the traditional 12 members and the possible elimination of juries in exceptionally long or complex cases.
A System Under Strain
Officials argue that the current system is showing signs of strain. The consultation document highlights several pressing concerns, including the immense psychological and financial burden placed on citizens summoned for lengthy trials. Complex fraud cases, which can span many months, present particular challenges for juries composed of laypeople.
"There is concern that the length and complexity of a trial can make it difficult for jurors to perform their task effectively," the document states, pinpointing a core tension in modern jurisprudence.
Proposed Changes and Precedents
The DOJ is exploring several concrete changes, including:
- Reducing jury size: Moving from 12 to 7 or 9 members in certain cases.
- Specialist juries: Creating panels with specific expertise for highly technical trials.
- Judge-only trials: Removing juries entirely in the most complex and lengthy cases, particularly major fraud.
These proposals are not without precedent. Diplock courts, which saw a single judge try certain terrorism cases without a jury, were used in Northern Ireland during the Troubles. Furthermore, Scotland already operates with 15-member jries that can return a simple majority verdict.
Balancing Tradition with Modern Realities
The review strikes at the heart of a major constitutional principle: the right to be tried by one's peers. This right is fiercely guarded by many legal professionals and civil liberties groups, who view it as a cornerstone of a democratic justice system.
However, the government's consultation suggests that the practical realities of 21st-century litigation—with its digital evidence and byzantine financial instruments—may be outpacing the traditional model. The outcome of this review could reshape the British legal landscape for generations to come, balancing the cherished principle of trial by jury against the demands of modern justice.
