It is about 14 years since I ceased to be Attorney-General, and in my recollection the right of the Crown to stand-by without cause was abolished in England and Wales a good deal earlier than that. It was anomalous. It has a rather bad effect upon the juror against whom it is applied, because no reason is given. The counsel for the prosecution simply says, ““Stand by for the Crown””, whereupon he is asked to stand down, and off he goes, not knowing what on Earth is thought to be the matter with him. Secondly, it is desirable that the same rules shall apply in Northern Ireland as in England and Wales. However, there are, unhappily, still difficulties that are peculiar to Northern Ireland, and I can see that it may be impracticable for the Crown to say, when seeking to rely upon a challenge for cause, quite what it is that is the matter—what makes the potential juror an unsuitable member of the jury. Therefore, I am afraid I am not at the moment persuaded that this amendment should be supported. At the cost of some anomaly, there continues to be a justification for this in Northern Ireland.
Justice and Security (Northern Ireland) Bill
Proceeding contribution from
Lord Mayhew of Twysden
(Conservative)
in the House of Lords on Monday, 19 March 2007.
It occurred during Debate on bills
and
Committee proceeding on Justice and Security (Northern Ireland) Bill.
Type
Proceeding contribution
Reference
690 c137-8GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
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Timestamp
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