To lovers of operetta Trial by Jury is a comic exposé of human foibles, but for those who have sat on juries the experience is usually quite different.  One or two individuals might attempt to dominate proceedings with their own personal views but, by and large, ordinary people try very hard to discharge their duty with dignity and integrity.

Trial by jury is an integral right of best jurisprudence throughout the democratic world, but it should be recognised that trial by jury is not an end in itself, merely a highly effective way of delivering justice.  Sometimes this wonderful concept actually impedes the flow.

Recently, attempts were made to prevent the broadcasting of a television documentary.  The programme intended commenting on specific illegal actions and naming some of the individuals considered guilty.  Although the crimes had taken place several years earlier no one had yet stood trial, and this was a serious and considered attempt at helping the course of justice.  Objections came not from those identified as criminals, however, but from the relatives of the victims.  The reason was that if details were made public the individuals named would be unable to exercise their right to trial by jury; potential jurists might be prejudiced against them; and so the perpetrators would never face trial.

This is not an isolated instance, and with the tendency of the media towards universal accessibility the problem is likely to increase.  In fact, the wise criminal is going to ensure that he receives so much advance publicity that a trial can never be held.

The solution, for once, is amazingly simple:  a minor amendment to the law.  Every individual should be entitled to trial by jury, but if the accused feels he is unlikely to receive a fair trial that should not be accepted as grounds for the case being dismissed.  Instead, he should have the option of choosing trial without jury, perhaps by three judges.  And if a jury cannot be selected for fear of intimidation or for any other reason then the prosecutor should have the right to request trial without jury.  This recognises as pre-eminent the need for justice, not the need for trial by jury at all costs.  Without this change in legislation the law might become a Dickensian ass, and we could have a farce of Gilbert & Sullivan proportions!