The origins of the first Grand Jury can be traced back to reign of King Henry II. Throughout the 12th century, Henry wanted to expand the role of royal justice in England. There were many different legal courts throughout England at this time, from churches to civil courts. Henry sought to simplify this process and find other ways that those suspected of committing a crime could be brought to justice.

In 1166, Henry released the ‘Assizes of Clarendon’, a document which called upon 12 lawful men, to give the names of any person who was publicly suspected of robbery, murder, or theft. Known as ‘Juries of Presentment’, the men chosen for this inquest were only expected to give account of the ‘public fame’ of people suspected and were not shown any evidence or had a role within the judicial process.

It wasn’t until 1215 and the signing of the Magna Carter, that juries were first created. Bringing in the ‘trial by jury’ system, the aim of this was to ensure that the monarch couldn’t abuse their power within the court. The Magna Carter established only one jury, which oversaw the role of the inquest before the trial and handing down a verdict. In 1315, these two juries were divided into the Trial Jury and the Grand Jury.

While it was the job of the trial jury to listen to the evidence presented to come to a guilty/innocent verdict, the role of the Grand Jury was to, in theory, act as protection for the accused.

Before a trial, the Grand Jury would be shown any evidence that was to be presented. They would then decide if there was enough evidence to commit the accused to trial. In theory, this made sure that the accused was given somewhat of a fair trial, as Grand Juries could refuse a case, if there wasn’t enough evidence against someone.

In most cases however, the Grand Jury would find there was enough evidence to commit a person to trial. Shire Hall was a prime example of this when hundreds of people were arrested and sent to trial during the tumultuous 1800s, in a period which became known as the Swing Riots. Rising cost of living and the introduction of labour-saving machinery brought mass unrest amongst the working public in Dorset. Labourers began burning barns and destroying machines throughout countryside, leading to mass arrests.

As the Grand Jury had come to be made up of the wealthiest within the county, it was their property which was being destroyed by the rioters. It was unlikely then, that there would be too little evidence to convict one of these people. As a result, we see hundreds if not thousands of people being sentenced to transportation to Australia or even execution for their involvement.

It was around the early 1800s that voices began to rise against the Grand Jury. People such as the Philosopher Jeremy Bentham and Mayor of London Peter Laurie began to write pamphlets attacking the institution. Believing them to have outlived their use, Bentham and Laurie argued that that the Grand Juries were too expensive and a waste of time.

Bentham wrote in 1827:

“Whatever it [the Grand Jury] may have been at one time, as matters have stood for a long time, a Grand Jury has been, is, and will be, an instrument worse than useless… They once had an object, but that object has been done away”.

As pressure began to mount, the first of the abolition bills was proposed to Parliament in 1837. Though it failed to be passed, more bills were brought forward in 1846, 1849, 1852 and 1857.

Discussions continued in Parliament for the remainder of the 19th century, until in 1917, a bill was introduced in the House of Commons to suspend the use of Grand Juries during the First World War. Trials continued throughout however, showing that a court could function effectively without them.

Although Grand Juries were restored in 1921, this would be a short-lived return.

Voices both within Parliament and those working within the courts agreed the Grand Jury was a waste of time and money, building on Bentham and Laurie’s arguments from over 100 years before. With this, the ‘Administration of Justice Act’ was passed in 1933, finally abolishing the use of Grand Juries in England, bringing an end to 750 years of their use.

Though the Grand Jury no longer plays a role within the courts in England, their legacy lives on. The historic Georgian Courtroom at Shire Hall Museum still boasted the original ‘Grand Jury Box’ where people from Squire Frampton in the story of the Tolpuddle Martyrs to renowned Dorchester author Thomas Hardy would once have sat.

 

To uncover more about the fascinating histories of the English Courts and the role that each played, visit Shire Hall Museum, Dorchester.