Ministry of Justice says no plans to reform Gibraltar’s jury system

The Ministry of Justice has said there are no plans to reform Gibraltar’s jury system, despite reports that the UK Justice Secretary is considering proposals to significantly restrict the right to trial by jury in England and Wales.

The UK plans would reportedly guarantee jury trials only for the most serious offences, such as murder, rape and manslaughter, or in cases meeting a public interest test. The proposals have prompted strong reactions from MPs, the judiciary and the criminal bar. 

In answer to GBC questions, the Government said it is monitoring developments but stressed that no similar reforms are being considered locally.

Gibraltar’s criminal justice system, like that of England and Wales, divides offences into summary, either-way and indictable-only categories. Only the most serious indictable offences must be tried before a jury in the Supreme Court, while defendants in either-way cases have the right to choose a trial by jury.

Under Gibraltar’s current legal system, as in England and Wales, there are three categories of offences. Summary offences are “less serious” cases such as motoring offences, disorderly behaviour, and minor assaults. They can only be dealt with in the magistrates’ court. The second category is either-way offences which are cases which can be heard in either the magistrates or before a jury in the Supreme Court, such as theft, burglary and harassment. Magistrates make the initial decision about whether a case is sufficiently serious to be heard in the Supreme Court or can remain in the magistrates’ court. If they decide that it suitable for trial in the magistrates’ court, the defendant is then given the opportunity to choose whether their trial should take place in the Supreme Court or the magistrates’ court (often known as the right to elect trial). Finally there a category of indictable-only offences, these are the most serious cases such as murder, rape and robbery. These cases can only be tried in the Supreme Court before a jury but start with an appearance in the magistrates’ court.

A number six spokesperson told GBC, that despite practical challenges such as a small jury pool, the Gibraltar Courts Service has consistently managed the system effectively.