When one is asked to explore the duration of a verdict, a British case that does come to mind is the Jubilee Line Corruption Trial. What is believed to be the longest ever British jury trial collapsed at the Old Bailey after almost two years in court, when a disgruntled juror went on strike. Crown Court procedures tend to relate the length of a case to its complexity, resulting in relatively straightforward cases taking no more than a few days compared to complicated cases taking several weeks or months. This raises concerns about the effects of a court case depending on how long it is and this will be explored here.
The Value of a Longer Court Hearing
There are many advantages to having a longer court case such as an arguably more accurate verdict. This view is further enhanced by how the more complicated cases take longer to prepare for trial due to the number of parties and issues involved also affecting the length of litigation. To some, this improves the accuracy of a case as the further scrutinisation during extended litigation enhances the amount of precision used to produce the most accurate verdict of a court case.
Another reason for the value of longer court cases is because of how they are appreciated by the European Court of Human Rights (ECHR). In priority cases, the ECHR may find it a violation even if the case lasted less than two years. ‘Priority cases’ comprise cases that require quick resolution to be effective, such as labor disputes involving dismissals or unpaid wages, restraint of trade, compensation for victims of accidents, police violence cases, cases where applicant is elderly or their health is critical, and cases related to relations between children and parents. If one of the most significant courts for the UK does find longer durations of a case to (sometimes) be necessary, it is understandable why many do hold cases that require longer durations in higher regard.
Why Longer Court Cases are Frowned Upon
Although there are advantages to a longer case, the phrase, “when justice is delayed, it is denied” is often related to timeless proceedings. This is often due to how longer court cases are the result of a lack of resources therefore restricting the distribution of justice. Furthermore, many after a while do terminate proceedings due to the length of it in a procedure called discontinuance, adding to why the phrase is right to claim that justice in court cases does not always be served.
Longer durations of a court case have also resulted in lengthening trauma of countless people waiting for justice for serious crimes. After the ‘#MeToo’ movement took hold, the Crown Prosecution Service concluded a case following a long investigation and charged the abuser with serious offences. However, 2 years later, the victim was told her abuser would face trial but after many hearings, the next available date for her hearing was in 2022. The mental exhaustion that a longer court case could bring, specifically for the cases considered more ‘serious’ like assault, do push for longer court proceedings to not be favoured. Especially now, after the Covid-19 pandemic, the delay in coming to a judgement has been perceived to be even more draining on everyone involved in the case as it has led to four-year waits for England and Wales.
Despite the ECHR valuing longer court cases at times, they also have their limitations on this. Rarely has the ECHR considered more than 5 years to be reasonable. Never has it considered more than 8 years reasonable. Even the ECHR does disagree about when a long court case should occur so it is reasonable to understand why it is frowned upon when a case takes a lengthier time for a verdict than proposed.
Should There Be More Scrutiny Concerning the Duration of a Case?
Overall, yes. Although there are some advantages to a longer court hearing, such as a more accurate judgement, the mental drains and possible limitations to the distribution of justice that a longer court case could result in does call for more research into this issue. To some extent, due to the drawbacks that a longer court case does yield, the duration of a court case is seen as the most significant flaw of the British Legal System.
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