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Judge-only trials without juries should be considered only “in extremis” and parliament should “take a deep breath” before making such radical changes, the lord chief justice has urged.

Giving evidence to the Lords constitution committee, Lord Burnett of Maldon indicated that if the pandemic continued for a long time and there were insurmountable physical distancing problems his preferred solution would be to reduce the jury size from 12 to seven. He told peers:


Trial by judge alone has been mentioned and had the support of some very senior members of the legal profession and former judges. I would see [that] as an option only in extremis.

The reasons we have jurors in criminal cases in England Wales is that an important aspect of it is to ensure public confidence [in trials] and to have public engagement in the administration of justice.

I would hope that parliament would take a deep breath before authorising judge-only trials, even temporarily, until parliament collectively were satisfied that less radical measures to ameliorate the situation were not good enough.

Asked what would happen if jurors were “frightened to attend”, Burnett said judges would be sensitive in considering reasons for them to be excused.

New jury trials, using two courtrooms and video links to space out participants, are due to start next Monday, 18 May. The first court centres to reopen for jury trials are expected to be the Old Bailey, Bristol, Cardiff, Manchester Minshull Street, Reading, Warwick, Winchester and Nottingham.

There has been a decrease in deaths related to coronavirus in Scotland, according to the latest weekly data from the National Records of Scotland.

In the week up to 10 May, 415 deaths relating to Covid-19 have been registered, a decrease of 110 from the previous week.

However, deaths in care homes still make up 57% of the total coronavirus deaths in Scotland, a much higher proportion than south of the border. There, Guardian data puts the figure at 40% deaths in care homes, although it is worth noting that the data in England and Wales is a week older.

On this measure, which includes all deaths where the virus was mentioned on the death certificate, there have been a total of total of 3,213 deaths registered in Scotland.

For the first time this week, the NRS has published additional analysis looking at the impact of deprivation on coronavirus death rates. Their analysis finds that people living in the most deprived areas of Scotland were 2.3 times more likely to die with Covid-19 than those living in the least deprived areas.

Read the original article at The Guardian

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