Tree of Liberty – A Fair Trial

A young Geoffrey Robertson QC argues that 1980s judicial practices fell short due to restricted legal aid and efforts to curtail jury trials.

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Producer: Granada Television
Year Produced: 1982
Running time: 52 minutes

Description

The Magna Carta was all about the freedom of the individual. “ No man shall lose his liberty except by the judgement of his peers” and “To no man will we delay Justice”.

On the contrary says a youthful Geoffrey Robertson Q C.

So a trial in a court should be fair to the accused. Was it so in the 1980s?  Legal Aid was not available in trial by magistrate  and only in limited cases in trial by jury. There were attempts made to limit trial by jury even then. (But not to the extent being attempted in 2026). Robertson reminds us of the importance of  Trial by Jury which is a trial by peers, as paid Judges live a life far removed from that of the man in the street. He does so by quoting the famous trial of William Penn, Quaker. The 1670 trial of William Penn and William Mead at the Old Bailey in London is a landmark case that established the foundational right to jury independence. Despite extreme judicial coercion to convict the two men of unlawful assembly, the jury refused and was imprisoned, fundamentally changing  The jury refused to convict, even though imprisoned for 2 days without food by the judge. Lord Devlin speaks on this issue. The above is discussed in the 2nd part of the film by  Lord Hutchinson Q.C., Ole Hansen Director of the Legal Action Group and Tom Sargant founding secretary of the campaigning organisation Justice.

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