What the Proposed Changes Could Mean for You
The way criminal cases are handled in England and Wales might be changing soon. This could have a big huge impact on people who are accused of committing a crimes. The government is currently thinking about making some dramatic changes to the Courts and Tribunals Bill, which could mean that jury trials are only used for serious crimes.
At first this might seem like a way to make things more efficient, with the current court backlog. However if you think about in greater detail, you may start to wonder if this process is really fair. One of the concerns is how they will decide who gets a jury trial and who does not?
A Question of Fairness?
Some legal experts talked about this in parliament. They made a point that is worth thinking about: people who have been in trouble with the law before might actually be more likely to get a jury trial than people who have never been in trouble.
This means that someone who has done something before might get to have a jury decide their case while someone who has never done anything wrong might have to go in front of a judge alone.
This is a question. Is it really fair?
For a lot of people just attending a trial at court will have an effect on their lives. Including what possible outcomes from the proceedings, not just the punishment. Their reputation, their job and what people think of them in their community are all things at stake. These things might not be considered when deciding how cases are handled.
Imagine telling someone who has never been in trouble before that they will not get to have a jury trial. Then imagine someone who has been in trouble times getting to have a jury trial. It does not seem right, and a lot of legal professionals agree someone could be subject to Bias.
Concerns Around Bias and Representation
There are also concerns about whether judge’s representative of the community and whether they are biased. Even though people have been talking about this for a while, not much has changed. This adds another layer of uncertainty for people who are accused of crimes from a diverse / multi-ethnic background.
The debate doesn’t stop there.
Experts have also pointed to on-going concerns about diversity within the judiciary and the lack of targeted training on racial bias. Despite years of discussion, meaningful progress has been slow.
For defendants, this adds another layer of uncertainty. If judges alone increasingly decide cases, confidence in the system becomes even more important.
So is more important for judges are going to be deciding cases on their own, or is it is even more important that people trust the system and can accept the outcome. Justice not only needs to not be fair, but it also needs to seem fair at all levels.
Why Legal Representation Matters Than Ever
One thing that is always important no matter how the system changes is having a good Solicitor. Whether a jury, or a judge hears your case the early stages are crucial. How the evidence is presented what arguments are made and what strategy is used can all affect the outcome.
This is not the time to take risks. Picking The Right Defence From the Start. At Wainwright & Cummins LLP we understand what is at stake. We know that every case involves a person, their reputation and their future. Our criminal defence team, work quickly to protect your rights challenge unfairness and build your case from the start.
We make sure you are never at a disadvantage. When it comes to your defence experience is important clarity is important and having the team behind you is the most important thing.
If you or someone you know is in trouble with the law do not wait. Get advice, from the start and give yourself the best possible defence.
