Name: 英國政府為何要在部分審判中廢除陪審團制度？| BBC Newscast (Why is the UK government trying to scrap juries for some trials? | BBC Newscast)
Uploaded: 2025-12-03T17:17:24.000Z
Duration: 36 min 34 s

Under new government plans, you could go to jail in England or Wales for up to three years without appearing in court in front of a jury.

在新的政府計畫下，你可能會因為在英格蘭或威爾斯被判入獄長達三年，卻無法在法院面對陪審團。

Why is the government restricting one of the oldest rights in the United Kingdom?

為什麼政府要限制英國最古老的權利之一呢？

We will explain on this latest episode of the BBC's Daily News podcast Newscast.

我們會在 BBC 的最新一集 Daily News 播客 Newscast 中為大家說明。

大家好，我是 Adam，在 Newscast 工作室。

Later on, we're going to talk about a really interesting report into why nothing gets built in Britain and what it reveals about the country we all live in.

稍後，我們要來聊一篇關於英國為什麼什麼都蓋不起來的有趣報導，以及它揭示了我們共同生活的國家是怎麼樣的。

But first of all, today David Lammy, the Deputy Prime Minister and Justice Secretary, unveiled reforms to trial by jury in England and Wales.

但首先，今天副首相兼司法大臣 David Lammy 揭曉了英格蘭和威爾斯陪審團審判的改革。

The short version is some trials that would have a jury now will in future, if these plans actually are implemented, not have a jury, which has provoked big criticisms that this is a sort of sacrosanct part of the British unwritten constitution which is being abandoned.

簡短來說，有些原本會有陪審團的審判，未來如果這些計畫真的實施，將不會有陪審團，這引發了強烈的批評，認為這是英國不成文憲法中一個神聖不可侵犯的部分被拋棄了。

Now, this might sound a little bit familiar because last week there was a leak of a version of these plans which was much more expansive and much more ambitious and would have changed the court system much more dramatically than what was revealed today.

現在，這聽起來可能有點熟悉，因為上週曾有這些計畫的洩漏版本流出，那個版本更廣泛、更具野心，並且會比今天揭露的計畫更大幅度地改變法院系統。

So that's why this might sound a little bit familiar.

所以這就是為什麼這聽起來可能有點熟悉。

But there's still lots of stuff to pick through because it is a big change to a very important part of society, the justice system.

但還是有很多東西可以深入探討，因為這是對社會一個非常重要部分——司法系統——的重大改變。

And the person who knows all about it is the BBC's home and legal affairs correspondent, Dominic Casciani, who's here.

而對這一切瞭若指掌的，就是 BBC 的國內事務和法律事務記者 Dominic Casciani，他現在就在這裡。

You must feel like you've been covering this story every day for about a week now because there was a leaked version of these plans that you got last week and the final version is a bit different, but there are some similarities.

你一定覺得這禮拜你每天都在報導這個故事，因為上週有這些計畫的洩漏版本流出，而最終版本有些不同，但也有一些相似之處。

Oh, it's, it, it's been a weird one, Adam.

喔，Adam，這真是個奇怪的狀況。

我是說，我們上週有洩漏的版本。

Wasn't just me, other people had it, Times had it, they published it first, so they kind of scooped and it was very, very clearly a final document that says Deputy Prime Minister's decision all over it writ large.

不只是我，其他人也有，泰晤士報也拿到了，他們先刊登了，所以他們搶先一步，而且那非常、非常明顯是一份標示著副首相決定的大文件。

And it's in the category of a right round, which means it's been circulated to other cabinet ministers for final checks, crossing the I, crossing the T's, dossing of the I's.

而且它屬於「right round」的範疇，這表示它已經被發送給其他內閣大臣進行最後確認，仔細檢查，畫龍點睛。

So we reported that, but they've rolled, they've basically rolled back.

所以我們報導了這件事，但他們已經退縮了，基本上是退縮了。

They've retreated from a watered down version is what David Lammy unveiled today.

他們退縮了，推出了一個稀釋版本，這就是大衛·拉米今天揭露的。

What cases will now not be heard before a jury as a result of this in England and Wales?

是以，在英格蘭和威爾斯，哪些案件將不再由陪審團審理？

Okay, so this is a bit complicated, so I'm going to take you through the steps from the lowest court all the way through.

好的，這有點複雜，所以我要帶你一步一步從最低層級的法院開始看。

Okay, so the first thing is the that magistrates are going to get more powers to sentence criminals for longer.

好的，首先是裁判官將獲得更多權力來判處罪犯更長的刑期。

So at the moment, if you are accused of a magistrates only offence, so let's think lowest levels of assault and theft and things like that, and a magistrate wants to send you to prison, they can only do it for 12 months.

所以目前，如果你被指控犯下僅由裁判官處理的罪行，我們就想想最輕微的攻擊和盜竊之類的，而裁判官想把你送進監獄，他們最多隻能判你 12 個月。

They're going to be able to sentence people for up to 18 months.

他們將能夠判處人們長達 18 個月的刑期。

And as a consequence of that, that means an awful lot of cases which go to Crown Court won't anymore.

是以，這意味著許多原本會送往刑事法院的案件將不再如此。

And the idea behind that is magistrates are quicker and they'll just deal with it.

所以這樣做的想法是，裁判官處理事情比較快，他們會直接處理。

Magistrates will have a power in reserve to sentence up to 24 months.

裁判官將擁有一項保留權力，可以判處長達 24 個月的刑期。

Yes, David Cameron's mum was one Prime Minister.

是的，大衛·卡麥隆的媽媽曾擔任過首相。

Oh, is that in reserve, held in reserve for the government to potentially introduce at a later date or held in reserve for magistrates to reach for if they need it?

喔，這是保留著，政府保留著，以後可能會推出，還是保留給法官，如果他們需要的話？

No government's using later date if they really need it.

沒有，政府會在真的需要的時候才推出。

And how do magistrates feel about this extra responsibility?

那法官們對這個額外的責任有什麼看法？

They're pretty happy about it because they've said they're capable of doing it.

他們對此很滿意，因為他們說自己有能力做到。

I mean, there is a big challenge here for them because the system is 6,000 magistrates short of what it needs to be running full pelt.

我的意思是，這對他們來說是一個很大的挑戰，因為目前的系統缺少了 6,000 名法官才能順利運作。

But they've been promised a big recruitment drive and campaign by the government to find those volunteers.

但政府承諾會大力招募和宣傳，來找到這些志工。

The next thing is removing the right to elect jury trial.

下一點是取消選擇陪審團審判的權利。

Now remove the sound of my emails from my laptop.

現在，請關掉我筆記型電腦的電子郵件提示音。

So there are a whole category of offences where they can either be dealt with by a magistrate or dealt with by a Crown Court.

所以，有一整類的罪行，可以由法官處理，也可以由皇家法院處理。

So going back to the example of assault, you're talking about more serious forms of assault, more serious forms of theft, burglary, things like this.

所以回到攻擊的例子，你說的是比較嚴重的攻擊、比較嚴重的竊盜、侵入住宅等等。

Either way because it could go either to the magistrate or the Crown Court.

都可以處理，因為它可以由檢察官或皇家法院處理。

And if a magistrate feels they don't have enough sentencing powers for the particular circumstances, assuming the defendant is going to be found guilty, they'll say, do you know what, we're going to send this upstairs to the Crown Court.

如果檢察官覺得自己沒有足夠的判刑權力來處理這個特殊情況，假設被告會被判有罪，他們會說，你知道嗎，我們要把這個案子送到皇家法院。

But also the defendant themselves they can elect for a jury trial.

但被告自己也可以選擇陪審團審判。

They can say, I don't want to be tried by you volunteer magistrates, I want to go before a jury of 12 in a crown court and about 4,000 people a year choose that.

他們可以說，我不想由你們這些志願的檢察官來審判，我要到皇家法院找 12 位陪審員，每年大約有 4,000 人會這樣選擇。

So the total number of cases in that category is about 49,000 that go to trial.

所以這類案件總共有大約 49,000 件會進入審判。

That right to go to ask, to go upstairs to the jury, that's going to be taken away.

這種要求、送到陪審團的權利，將會被取消。

Where those cases are, cases which are going to be potentially leading to sentences of under three years.

這些案件，可能導致判刑少於三年的案件。

If they can't be dealt with the magistrate, that is, the sentence is going to be over 18 months, but less than three years.

如果他們無法由巡迴法官處理，也就是說判刑會超過 18 個月，但少於三年。

They're going to go into a new form of Crown Court where there'll be no jury, there'll just be a judge.

他們將進入一種新的刑事法院，沒有陪審團，只有法官。

So they'll get to the Crown Court and the judge will say, do you know what for this particular.

所以他們會到刑事法院，法官會說，你知道嗎，對於這個特定的案件。

Let's say take a burglary, this is your first offense or the second offense at burglary or whatever it is.

假設以竊盜為例，這是你第一次犯錯，或是第二次犯錯，或是任何情況。

You're not going to get five or six years for this.

I'm going to deal with it because if you get convicted, all I'm going to give you is two years.

我會處理，因為如果你被判有罪，我只會判你兩年。

Again, that is aimed at slashing the number of cases going through to jury trial.

再次強調，這旨在大幅減少進入陪審團審判的案件數量。

So but if, if somebody had maybe committed multiple burglaries before and they were looking at a longer sentence, that would then go to Crown Court potentially for a judge and a jury.

所以，但是如果，如果有人之前犯了多起竊盜案，而且他們可能面臨更長的刑期，那就會進入皇室法院，可能由法官和陪審團審理。

Yes, it would, but it would only go before the jury if the sentence is going to be over three years.

是的，會，但只有在刑期可能超過三年時，才會提交給陪審團。

Which means that an awful lot of judges up and down the land, they're going to have to be giving indications as part of the trial preparations, basically saying to the defense and the prosecution, in my view, this particular case fits into this kind of range of a sentence and therefore I'm going to categorise it as jury or no jury.

這意味著全國各地的許多法官，在審判準備過程中，都必須給出訓示，基本上告訴辯方和檢方，在我看來，這個特定的案件屬於這個刑期範圍，是以我將其歸類為陪審團審判或非陪審團審判。

Right now, the fraud cases and serious complex crime, no jury at all for those, it doesn't matter about the sentence.

目前，詐欺案和嚴重的複雜犯罪，完全沒有陪審團，這與刑期無關。

They're all going to go to judge only, indictable only.

它們都將由法官單獨審理，僅限起訴。

So they're the most serious of offenses, murder, rape, robbery, things like that.

所以這些是最嚴重的罪行，謀殺、強姦、搶劫，諸如此類。

There are some slight gaps in our knowledge around this at the moment, which is why we really want to see the legislation.

目前我們對此仍有一些知識上的小缺口，這也是為什麼我們非常想看到相關法案。

Oh yeah, because there's new laws have to be passed to him.

對啊，因為有新的法律要通過給他。

Yeah, well, we're not getting the bill until January.

對，嗯，我們一月才會收到法案。

And see, one of the questions here is what do you do do with something like robbery?

你看，這裡有一個問題是，像搶劫這種情況該怎麼處理？

To a life sentence, although in practice that's never really imposed.

會判終身監禁，雖然實際上很少這樣判。

But the range typically is between a community order for first offences.

但通常的範圍是從社區處罰，針對初犯。

Let's say you look like a teenager who's got caught up in gangs and has been sent out to snatch phones on the streets, through to about 12 years for really serious robbery.

假設你是一個被幫派拉進來、被派去街上搶手機的青少年，到最嚴重搶劫判刑約十二年。

Now, the question with those is that's quite a range.

現在，這些問題在於，這範圍很廣。

And one suggestion at the moment is a lot of these cases may not actually even be dealt with as robbery, but as theft, which.

而目前有個建議是，很多這類案件可能根本不會被當成搶劫處理，而是當成竊盜。

So there's a lot of complications in this.

所以這裡面有很多複雜的問題。

But in essence, what it really comes down to, Adam, is this.

但說到底，Adam，這一切的關鍵就在於。

There are about 15,000 cases which go to a jury trial in any given year.

每年大約有 15,000 件案件會進入陪審團審判。

That's only 3% of all trials, because the vast majority are dealt with at magistrates.

這只佔所有審判的 3%，因為絕大多數案件都是由地方法官處理的。

And if all these reforms go through, about half of those jury trials will never happen again.

如果這些改革都通過了，大約一半的陪審團審判將不再發生。

Now, that's a very, very small proportion.

So you sit there and think, will this really make a difference in a system of 1.3 million prosecutions or whatever it is?

所以你坐在那裡想，在有 130 萬件起訴的系統裡，這真的能帶來改變嗎？

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英國政府為何要在部分審判中廢除陪審團制度？| BBC Newscast (Why is the UK government trying to scrap juries for some trials? | BBC Newscast)

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