RIGHT OF CHALLENGE

Evening Post, Volume CVIII, Issue 120, 16 November 1929, Page 10

RIGHT OF CHALLENGE

THE JURY SYSTEM

"AN ANTIQUATED POWER"

(From "The Post's" Representative;)

' . LONDON, 26th Sept. i At the Old Bailey this week the Eecorder (Sir Ernest Wild, K.C.) referred to the challenge of women jurors, and said, that, by "an antiquated power," the object of Parliament, in getting women to assist in the administration of justice was being defeated. Counsel in a case where a man was charged with a grave offence against a girl had objected to three women serving on the jury. Sir Ernest Wild, at its conclusion, said this question of the right of challenge should be brought to the attention of Parliament. It was a curious anachronism that arose from the . time when forfeiture of goods and life could follow a conviction for felony. In such a charge prisoner was entitled to twenty peremptory challenges for which he need give no ground whatever. While this challenge could be made in the case of stealing a fowl, it could not be made in a case of criminal libel, incest, or other grave misdemeanour without stating the ■ cause. That was an anachronism that ought to be attended to by proper authorities, he said, especially when use was made of it for the purpose of defeating the express opinion of Parliament. In that case jurors had been objected to because they were women, and it _ meant that counsel, by exercising this antiquated power, was preventing women assisting at all. Moreover, in that case they would have derived the greatest advantage from the presence of women on the jury, because they understood young children as well as, or better than, men. Singularly enough, in the very next case Mr. H. W. Wiekham, counsel for the. def,enee, objected to the whole of the jury who had entered the box to be sworn. Mr. s Percival Clarke* prosecuting, submitted that Mr. Wiekham had no right to challenge "the array." It had been laid down,, he said, that he only ground on which it could be done was where the Sheriff had acted improperly in picking tho jury panel. . . The Eecorder. (to Mr. Wiekham): "Are you objecting to the Sheriff?"—, "No, I am objecting to the panel." "I am not asking you your ground; I have no right to do that, but I hope your reason is not a frivolous one?"— "No, my lord." . Counsel then proceeded to object to the whole, of the twelve one by one as they came to bo sworn on the jury. They were severally replaced by others from the back of the Court, and the case proceeded. ,

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