HC Deb 27 March 1947 vol 435 cc1387-8
38. Mr. Driberg

asked the Attorney-General whether a decision has yet been made to abolish special juries.

The Attorney-General

The Government have now decided that in principle, with the exception of the City of London special jury in commercial causes, special juries should be abolished. I cannot, however, promise when legislation will be introduced for this purpose.

Mr. Quintin Hogg

Does the right hon. and learned Gentleman appreciate that, whatever may be the theoretical advantages or disadvantages of special juries, they have in fact afforded a convenient method of doing justice in cases which could not otherwise be so well tried? Will the right hon. and learned Gentleman at least undertake that no legislation will be introduced until something as good is put in their place?

The Attorney-General

I cannot agree with the assumption of the hon. Gentleman. This survival of the fifteenth century has long since outlived its utility. The Government are fully satisfied that the common jury, whose competence to try criminal cases even of the gravest kind is not in doubt, is at least equally capable of trying civil matters.

Mr. Hogg

Does the right hon. and learned Gentleman realise that the Government's decision will be treated by the populace at large as having been inspired by the unsatisfactory result of a particular trial with which they disagreed?

The Attorney-General

The suggestion is unworthy of the hon. Gentleman. He gives me the opportunity of saying that my noble Friend and I had this matter under active consideration from the middle of last year.