250 THE BRITISH APPROACH TO POLITICS

the necessary evidence may not have been obtained. A remand,
i.e., a postponement of the case, is then necessary, and the prisoner
will be "remanded in custody*' unless the court grants bail—i.e.,
lets him go on the understanding that he must forfeit a sum of
money if he does not return on a fixed date. A person from whom
very little money could be obtained, might be refused bail on
that ground. The same problem arises when prisoners are com-
mitted for trial. Not all accused realise that there is the alternative
of bail, or that if bail is refused by the magistrates they can appeal
to a High Court judge. In this, and in other matters, magistrates
need to exercise much consideration for the rights of the accused
if Injustice is to be avoided. Bail is naturally refused to those
whose past record makes it likely that they will use their period
of liberty to attempt flight, and to those charged with very grave
crimes.

Trial by jury is often referred to as one of the bulwarks of
English liberty. It is, certainly, an English device, representing
the compromise between the different races that make up the
English people. The Norman conquerors wishing to ascertain
the customs of their Saxon subjects, adopted a method that had
been employed across the Channel by Prankish Kings. Yet it is not
the normal method of trials four out of every five convictions are
made by Courts of Summary Jurisdiction. Nor, for two-thirds of
the population, can it be, as it is sometimes described, trial by
one's peers; the juror's qualification excludes the poorer classes*
A general accusation of class bias against juries would be quite
unjustified; but prejudice and error are human failings, and the
present jury system means that where they appear they are most
likely to operate against the poor. Jurors, unlike judges, have
jiot gone through the rigorous legal training which teaches self
criticism and caution against prejudice.

But the element in English justice which does most to tilt the
scales against the poorer classes is its expense. If the accused is to
present his case properly, he will certainly need a barrister in the
High Court, and perhaps a solicitor in the lower courts. Persons