ABSTRACT
The description of jury trial as a "right" enjoyed by defendants in the criminal process has properly been challenged on the ground that it is misleading. This chapter assesses the arguments in favour of the introduction of the waiver option in this jurisdiction. It addresses the possible objections to such a scheme and deals with the mechanics of waiver and explores the implications of non-jury trial for the future of the criminal process. The most obvious result of the conferment on the defence of an option to have a case tried in the Crown Court without a jury would be a reduction in the number of jury trials. The jury waiver proposal is, however, of an altogether different variety. This enlargement of defence options would only pose a threat to the institution of jury trial if it brought about a widespread defection from jury trial by defendants seeking a more sympathetic hearing before a judge.
