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The government should scrap the right of defendants to choose trial by jury for some mid-range offences, former justice secretary Jack Straw has said.
He branded laws allowing someone on trial to choose whether their case will go to a crown court a “ridiculous anomaly” which enabled defendants to “game” the system amid soaring court backlogs.
Currently, alleged criminals accused of “either way” offences such as theft, burglary and drug offences, have the right to choose for their case be moved from the lower-level magistrates court to a crown court where their case can be heard by jury.
Defendants often elect jury trial because they believe it gives them a better chance of acquittal or a lighter sentence, according to Mr Straw, who served as one of New Labour’s most senior politicians.
“I’m not sure you have [a better chance]. But what that is also saying is that the quality of justice in the magistrates’ courts is poor, which I don’t accept,” he said in wide-ranging interview on the justice system in the podcast Where Politics Meets Justice.
He urged the current government to look at removing the right as Shabana Mahmood, the current justice secretary, considers measures including new intermediary courts to tackle soaring court backlogs.
In December, the outstanding crown court caseload reached a record high with 73,105 waiting for hearings.
“Rationally, there is no case whatsoever for giving the defendant a right to decide the forum for their [trial], to play the system,” he said.
He admitted there would be a “terrible fuss” over the move but predicts the furore would soon die down.
Mr Straw himself mooted the idea of scrapping defendants’ right to elect jury trial for the thousands of middle-ranking offences when he was home secretary under Tony Blair. He later went on to serve as foreign secretary and then justice secretary under Gordon Brown.
The measure was strongly opposed during its passage in Parliament and had to be dropped.
The Labour grandee, 78, also took aim at recent Tory justice secretaries, calling Chris Grayling, who held the office under David Cameron from 2012 to 2015, “completely unqualified” for the job. He said he “set about wantonly destroying the probation service by a botched privatisation”, which was reversed five years later.
He also said Liz Truss was “plainly unqualified” for the role of justice secretary and was “out of her depth” with no sense at all about the need for a division of responsibilities between the judiciary and parliament.
Ms Truss, who served as lord chancellor under Theresa May from 2016 to 2017, later went on to become the shortest serving prime minister in Britain’s history after she stepped after 50 days in office.
His comments come after the government in December appointed Sir Brian Leveson, a senior retired judge, to lead a “once in a generation” review of the courts system in England and Wales to come up with proposals to cut delays.
Some trials are being listed for 2027 due to backlogs, with rape victims waiting more than two years on average for their case.
One option likely to be considered is for a new ‘intermediary’ court of a judge and two magistrates to try cases meriting up to two years’ jail.
This would build on the decision to increase magistrates’ powers to impose custodial sentences of up to 12 months, announced earlier in the year.
A Ministry of Justice spokesman said: “This Government is committed to delivering swifter justice for victims while ensuring the most serious offenders face the consequences of their actions.
“Sir Brian Leveson’s landmark review will explore innovative reforms to tackle the Crown Court backlog and deliver the once-in-a-generation change our justice system needs.”
The Lord Chancellors: Where Politics Meets Justice podcast is out on 14 January.
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