Pam Cox

Trial by jury is a cornerstone of our justice system. Being held to account in court by our fellow citizens is one of the embodiments of the principle of justice by the people, for the people. Like all aspects of our justice system, jury trial has a history, and has changed over time in response to changing social needs. I think a better understanding of how and why it has changed would help us to understand—if not agree with—the present-day proposals to amend it for our times, so I will focus my remarks in support of amendment (a) on that history. When juries were first introduced, one of their roles was to determine the facts of the case before them. In other words, they had an investigative function—a function that was later removed from them and given to other bodies. Juries went on to be used in both civil and criminal cases for centuries—until they were not; a major reform in the 19th century removed juries from the adjudication of civil cases. A key driver of that reform was the pressing need to process a vastly increased flow of civil disputes created by a more complex commercial economy. Today, our civil justice system is renowned around the world for its robustness and fairness. The composition and role of the jury in criminal cases has also undergone major changes over time. Who was called to serve on juries in the mid-19th century? Men of property, who gave verdicts in trials on a wide range of alleged offences. If we jump forward to the early 20th century, we see some major changes to that arrangement: by then, the range of people who could be called for jury service had widened to include women and working people, but the range of offences deemed to require a jury trial had greatly narrowed—a result of the Summary Jurisdiction Act 1879, which was passed in this place to respond to the need for enhanced public access to justice by greatly expanding the remit of summary courts and magistrates. The magistracy is, of course, another embodiment of justice by the people, for the people. I could say more, but this very potted history shows that juries have played a vital but shifting part in our justice system and have never operated in isolation from the other moving parts of the justice ecosystem. Their remit has narrowed at different points over time as the remits of other judicial bodies have expanded and flexed. For me, the Government’s proposals for court reform are rooted in an undisputed drive to modernise our justice system. Those proposals retain jury trials—the right to jury trial is not being removed—but they also encompass a much wider range of suggested and very necessary changes to our justice system in order to uphold public access to justice.