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We must retain the right to trial by jury

We must retain the right to trial by jury

Telegraph09-07-2025
The old legal maxim that justice delayed is justice denied has rarely been more appropriate than it is today. The worsening backlog in the courts means cases are taking years to come to trial. This leaves alleged miscreants in limbo either on extended bail or periods of custodial remand which is itself an affront to justice.
It also means that victims are left waiting too long for punishments to be meted out for the offences against them. Close to 77,000 cases are pending in the Crown Court in England and Wales.
A review by Sir Brian Leveson, a former High Court judge, has proposed that in order to clear the backlog, thousands of cases that would normally be heard in front of a jury should be decided by judges alone.
He said that without a fundamental reform the system faced total collapse. Sir Brian also called for more out of court settlements, such as a greater use of cautions, and for some inmates to serve just a small part of the term handed down.
There is unquestionably a crisis in the system but whether Sir Brian's proposed solutions are the right approach is another matter. There is a danger of replacing one injustice with another. Many thousands of so-called 'either way' cases are already heard by magistrates alone so there is no absolute requirement for juries.
Nonetheless, to remove even more from the scrutiny of juries is to deny access to a cornerstone of English justice and should be resisted whatever the apparent logistical attraction. The ancient right, dating to Magna Carta, to be tried by one's peers should not lightly be discarded.
Other remedies must be considered, including sitting throughout the summer rather than taking a two-month recess. How can that be justified in such a crisis is hard to understand. If the courts are full, cannot other public buildings be used as temporary venues in which judges and juries can sit? Why can't more retired judges, made to leave office aged 70, be recruited back to the colours? Should all judges and juries not sit around the clock until the backlog is cleared?
Moreover, the suggestion that more crimes should be dealt with by a caution is to further diminish the importance of deterrence in our system, already undermined by reduced jail terms and early release. Most offences are committed by a small number of repeat felons. If they think they can get away with just a ticking-off they will not be dissuaded from a life of crime.
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Help after rape and sexual assault If you've been sexually assaulted it's important to remember that it was not your fault. Sexual violence is a crime, no matter who commits it or where it happens. Don't be afraid to get help. There are services that can help if you've been sexually assaulted, raped or abused. You don't have to report the assault to the police if you don't want to. You may need time to think about what has happened to you. But you should get medical help for any injuries and because you may be at risk of pregnancy or sexually transmitted infections (STIs). If you want the crime to be investigated, it's best to have a forensic medical examination as soon as possible. Try not to wash or change your clothes immediately after a sexual assault. This may destroy forensic evidence that could be important if you decide to report the assault to the police (although you can still go to the police even if you have washed). Where to get help Sexual assault referral centres (SARCs) offer medical, practical and emotional support to anyone who has been raped, sexually assaulted or abused. SARCs have specially trained doctors, nurses and support workers to care for you. Other places you can get help include: a doctor or practice nurse at your GP surgery a voluntary organisation, such as Rape Crisis, Women's Aid, Victim Support, The Survivors Trust or Male Survivors Partnership the 24-hour freephone National Domestic Abuse Helpline, run by Refuge, on 0808 2000 247 the rape and sexual abuse support line run by Rape Crisis England and Wales – you can call the helpline on 0808 500 2222 or use the online chat (both are free and are open 24 hours a day, every day of the year) a hospital accident and emergency (A&E) department a genitourinary medicine (GUM) or sexual health clinic a contraceptive clinic a young people's service call NHS 111 or get help from 111 online the police, or dial 101 in an emergency, dial 999.

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