Not all criminal cases can be tried before a jury. The Criminal Justice Act (2003) allows for non-jury trials in the following cases:
· Where jury tampering is likely to take place
· Where tampering with jury has taken place
If the prosecutor does not want a trial to be conducted by jury, they should apply for a court order to that effect. The application should demonstrate why tampering is likely and how a jury trial is not going to serve the interests of justice. It should be filed within 14 days after pleading not guilty.