HMP Britain

The first serious criminal trial in 400 years to be held without a jury ended on the 31st of March 2010 with the conviction of four men for an armed robbery at Heathrow airport.

The defendants were found guilty at their forth trial. This trial was made possible by the Criminal Justice Act (2003) which removed the right to trial by jury.

The prosecution first sought a juryless trial in March 2009 from Justice Calvert-Smith. He refused and stated the trial could go ahead if the jury were protected for a cost of £1.5m. The ruling was appealed and the Court of Appeal ruled a juryless trial could go ahead.

What’s significant here is that the defence has never been shown the allegations of jury tampering, and the assertions of the police have not been tested.

The right to trial by jury when liberty is in peril has a long legacy and the American Revolution was sparked, in part, by its encroachment; indeed, its constitution specifically guarantees trial by jury as a result. If anything, the instigation of juryless trials shows how pathetically inept the European Human Rights Act is in protecting the liberty of its citizens:

Article 6 of the EHRA
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

The Americans, as is so often the case where liberty is concerned, gets it right:

Sixth Amendment to the United States Constitution
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed,

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