Trial Length not Juries the Problem in Fraud Cases - Bar Council
23 March 2005
Commenting on the issues arising in the wake of the collapse of the Jubilee Line trial, Bar Chairman Guy Mansfield QC said:
'The problem is with the length of the trial not jurors. The answer is proper case management and time limits.
'We welcome the timely intervention of the Lord Chief Justice to place strict time limits on the length of future trials so this can never happen again.
'But getting shorter trials should not be a Trojan Horse to remove juries.
'Juries should be retained in all cases where the defendant faces serious loss of liberty or reputation.
'There has never been a more important time for ordinary people to stand between the individual and the growing power of the State.
'Fraud cases can appear complex, but if they are properly managed juries are well able to decide if dishonesty is proved.
'Juries can handle properly managed cases.'
Mr Mansfield added:
'Under new procedures the prosecution will have to submit a plan for each case which shows it can be completed in less than six months at the outside. If it wants to exceed that, it must show special reasons, to be exceeded only in truly exceptional circumstances where the public interest demands it.
'The new Criminal Procedure Rules, introduced by the Lord Chief Justice will shorten trials and focus on what really matters.
'The Bar has long promoted these and other measures to shorten trial length and worked hard with the judges to produce the new procedures.
'Lawyers' payment should reward effective case preparation. To date the government has failed to address this. It must join up its thinking with that of the Lord Chief Justice.'
