§ 35. Mr. Chapmanasked the Attorney-General if he will take steps to alter the arrangements requiring persons summoned for jury service to attend courts so as to minimise the time spent awaiting empanelment.
§ The Solicitor-GeneralThough some waiting time is unavoidable, the Lord Chancellor is anxious to make any changes which would reduce it, provided, of course, that the proper operation of the courts is not impeded. My hon. Friend may know that a departmental study group has recently reviewed the administrative arrangements for the summoning and service of jurors, and a copy of the report of that group will shortly be placed in the Library.
§ Mr. ChapmanI am aware of the initiatives, but does my hon. and learned Friend recognise that there seems to be an increasing number of complaints from those who are called for jury service, not only about the time that seems to be wasted between arriving at court and being empanelled, but about the uncomfortable conditions in which they unsually have to stand and wait before being 17 summoned and, I regret to say, about the inconsiderate attitude of many court officials during that period? Will my hon. and learned Friend ensure that the Lord Chancellor's Department, which is reviewing the general system of jury service, takes those points on board?
§ The Solicitor-GeneralI am aware that all too often there is some waste of time and that people are required to wait about in wholly unsuitable conditions, and I do not doubt that sometimes a busy official is less than considerate. It is because we are aware of all those practical difficulties that the Lord Chancellor is anxious to reduce delays.
I am also aware of the unfortunate experience suffered by one of my hon. Friend's constituents. It was most regrettable and I echo the apology offered to him by the court in question. My hon. Friend will be glad to know that as a result of changes already set in motion at that court, but not coming into operation until two days after the incident involving his constituent, it is unlikely that anyone will be placed in a similar position again.
§ Mr. John MorrisWill the Solicitor-General consider the question of summoning juries for coroners' courts? Is he aware of the dissatisfaction that was felt, long before recent events, about coroners' courts, the way in which they were conducted, the standard and experience of coroners in controversial cases and, occasionally, the controversial question whether juries should be summoned?
I agree about the importance of inquiry into unexpected deaths, but will the hon. and learned Gentleman consider the whole institution of coroners' courts and whether a high-powered body with a jury would be more satisfactory in controversial cases?
§ The Solicitor-GeneralI readily agree that recent events have renewed interest in all those questions. Certainly there are many who are interested in them and anxious to find answers. The right hon. and learned Gentleman will know that the departmental responsibility is that of the Home Office, but I do not say that to seek to avoid the issue. The right hon. and learned Gentleman may rest assured that my right hon. and learned Friend the Attorney-General and I share his concern that all those matters should be remedied in the best way possible.
§ Mr. LawrenceIs my hon. and learned Friend aware that, further to the point raised by my hon. Friend the Member for Chipping Barnet (Mr. Chapman), juries are too often kept in ignorance of their function and their rights and duties? Will he look into that aspect of the matter when considering what better provision can be made for the treatment of juries?
§ The Solicitor-GeneralI am aware that practice varies from court to court. In some courts—indeed, in most courts—judges are at pains to explain to jurors who have not been called that there has to be a margin to allow for challenges and so on. Much depends upon how everybody in the court concerned deals with the issues, but certain measures are being suggested from the centre, such as telephoning in. Instead of waiting in the court, jurors could telephone at a specified time to find out when they were next wanted. We must combine all the practical possibilities to improve the lot of jurors.
§ 36. Mr. Alan Clarkasked the Attorney-General whether he is satisfied with existing law and procedures governing the empanelment of jurors.
§ The Solicitor-GeneralSome changes have recently been made in the administrative arrangements for summoning jurors for service in the Crown courts, and other changes in practice and procedure are under consideration.
§ Mr. ClarkDoes my hon. and learned Friend agree that recent experience in Bristol, which is likely to be repeated in London following the Brixton riots, suggests that black jurors, whether out of racial loyalty, fear of intimidation or a combination of both, are highly unlikely to convict accused black persons of offences connected with civil disturbance? As the criminal law allows trials to be moved from areas where local prejudice might interfere with a proper verdict being returned, does he think that it might be appropriate to adopt that procedure in such cases?
§ The Solicitor-GeneralThe answer to the first part of my hon. Friend's supplementary question is that there might be something in what he says in certain circumstances, but overall I do not believe that that is the experience of the courts. For many years people of all colours and races have served on juries. I am sure that the right hon. and learned Member for Aberavon (Mr. Morris) will agree that it is not experience, but a general feeling, that my hon. Friend has expressed.
On the second matter, I have said that there might be cases in which there is that danger, but not necessarily because there are black faces. There might be a variety of reasons. There is power in the courts to deal with that. The Crown court may order a change of venue, on the application of either the prosecution or the defence, if the circumstances suggest that such a course is desirable. It is very rare for the Crown to ask for such a transfer, but in a recent case a transfer was made on the application of the defence and there was no difficulty in the change of venue.
§ Mr. John MorrisWill the Solicitor-General accept that Labour Members, including myself, warmly endorse his general repudiation of the question asked by the hon. Member for Plymouth, Sutton (Mr. Clark)? The experience of those who practise in the courts is that there is no evidence to suggest that there is a general inclination of juries to reach different verdicts, depending upon their colour. Perhaps the wrong charge was brought in the case that was mentioned, and that may have been the reason for the verdict that was brought in.
§ The Solicitor-GeneralI do not want to get involved in details. I have repudiated the general proposition. Because I have done that, it does not mean that there may not be some circumstances, not necessarily associated with colour, in which there is some difficulty in obtaining an unprejudiced jury.