Jury Challenge (Roskill Report)

Part of the debate – in the House of Commons at 3:35 pm on 9 July 1986.

Alert me about debates like this

Photo of Hon. Douglas Hurd Hon. Douglas Hurd , Witney 3:35, 9 July 1986

In the White Paper on plans for criminal justice legislation, we invited comments on concern which had been expressed about the right of the defence to challenge up to three jurors without giving cause. The White Paper set out several options for change, including abolition of peremptory challenge, as had been recommended by the Roskill committee on fraud trials. We have been reflecting on these options in the light of the response to the White Paper.

Whatever its justification in earlier days, peremptory challenge is now widely criticised as a distortion of the jury system, which should be based on the principle of random selection. The removal of peremptory challenge would help to maintain the effectiveness and integrity of the system. It seems wrong in principle that jurors should be removed without reasons being given. It is also unsatisfactory that, in cases with large numbers of defendants, the composition of the jury should be capable of being influenced so substantially.

We have therefore decided that it would be desirable to abolish peremptory challenge, and shall be including proposals with that effect in legislation which I hope to introduce next Session. Challenge for cause—that is the right of either party to seek the removal of a juror for stated reasons—would remain.