Top QC attacks jury plans

The courts are facing a major shake-up

Britain's leading barrister has attacked plans to reduce the right to trial by jury.

David Bean, QC, the new chairman of the Bar Council, which represents barristers in England and Wales, argued that the move would come "at the expense of justice".

His comments come after the Lord Chief Justice, Lord Woolf, said he had no objection to the plans and that they would not have a major impact.

David Bean represents the views of lawyers in England and Wales

Mr Bean told BBC Radio 4's Today programme that the proposals, currently being considered by the government, would restrict the right to a jury trial "enormously".

"We have the documents, which Home Office civil servants left in a Westminster pub, on which they had written two-thirds of jury trials to go, and if that is right, that is an enormous restriction," he said.

"The general view in the profession is that it would be at the expense of justice.

Lord Justice Auld may have gone off the deep end a bit

David Bean QC

"Why is it a good idea to see the decision-making power away from ordinary people to decide whether somebody is guilty or innocent, and hand it over to full-time magistrates or experienced lay-magistrates, who will be much older than the defendant they are trying, and very case-hardened?"

If implemented the proposals, published by Lord Justice Auld in October, would see magistrates hear cases for offences that carry imprisonment of up to two years.

But civil liberties groups have argued that trial by jury is an ancient right.

Manifesto commitment

The government made reducing "abuse" of jury trials a manifesto commitment.

Michael Wills, a minister in the Lord Chancellor's Department, said the government was consulting widely on Lord Auld's proposals.

He told the Today programme that it was not right to say that cost-cutting was being placed ahead of the interests of justice.

"What is important to remember, though, is that 95-96% of criminal cases are already tried in front of magistrates and David Bean's view is very much the view of the Bar - it is not shared by magistrates," he added.

Lord Auld also suggested asking juries to explain verdicts, removing minor offences from court and an appraisal system for judges.

Lord Woolf said of the jury plans earlier this week: "I would not describe it as a big inroad. It is likely to be of relatively moderate proportions."