The Prosecution of Organised Crime: Removing the Jury

Abstract

Serious organised crime groups may enjoy virtual impunity through the corruption and coercion of parties involved in the criminal justice process. In the United Kingdom and Ireland, this is most evident in the intimidation of witnesses and jurors, leading to difficulties in successful prosecution of organised criminality. One notable response to this phenomenon is to hold juryless trials for serious indictable offences, mirroring a similar approach in counter-terrorism legislation arising from the political violence in Northern Ireland. Despite common rationales, such trials have been operationalised differently in these neighbouring jurisdictions: in England, Wales and Northern Ireland ‘ordinary’ legislation was introduced, whereas in Ireland juryless trials are permitted under existing counter-terrorism laws. This article reviews the problematic dimensions of both legislative schemes, and considers their application by the courts since enactment. After outlining viable alternatives, it concludes that juryless trials may be necessary in limited instances, and if so, the English model is to be preferred.