ABSTRACT
It is evident from the earlier discussion in this chapter that there is continuing debate about the need for reform. The latest impetus for proposals for reform comes from the desire on the part of the government to subject the criminal courts to a process of review which parallels that undertaken by Lord Justice Woolf in relation to the civil courts. In December 1999, the Lord Chancellor appointed Lord Justice Auld to conduct on his own an independent review of the working of the criminal courts. His terms of reference required him to inquire into and report on:
Lord Justice Auld’s review of the criminal courts was published in September 2001. It contained a number of controversial proposals. These included restrictions on the right to elect trial by jury for ‘either way’ offences, legislation against perverse jury verdicts, and the establishment of an intermediate court presided over by a professional judge and two magistrates. In July 2002, the government published its own proposals in a White Paper called Justice for All (Cmnd 5563).
