The Fraud (Trials without a Jury) Bill, which seeks to remove the right to trial by jury for fraud cases, is due for its second reading in the Lords.
John Reid, the British Home Secretary, declares that the Bill is conpatible with the European Convention on Human Rights but fails to mention whether it is compatible with our own constitution. Which it isn’t.
The 1215 Magna Carta guarantees the right to trial by jury. There are only three clauses of Magna Carta still in force today and the right to trial by jury is one of them:
XXIX. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right
The Fraud (Trials without a Jury) Bill does not repeal Magna Carta explicitly and the rule of implied repeal doesn’t apply here because Magna Carta is a constitutional law and must be explictly repealed as established in the Metric Martyrs case (Thoburn v Sunderland City Council).
Denying the right to trial by jury is illegal and unconstitutional.