should be able to comment upon the defendant's failure to give evidence or to CCPR/C/58/Add.6 page 50 answer questions at his trial in similar terms to those in which judges might already do so, and that judges should make more frequent and robust use of their existing right to comment. Magistrates should direct themselves as to the significance of the defendant's failure to give evidence. These recommendations are still being considered. Challenges to iurors 218. Defendants in criminal trials have the right to seek to remove jurors by challenging them with cause and, until 5 January 1989, they had the right to challenge up to three jurors without cause and have them removed - the "peremptory challenge". But it became apparent that, in trials in England and Wales involving more than one defendant, peremptory challenges could be pooled to change the composition of the jury in an attempt to obtain a panel which was thought likely to be prejudiced in favour of the defence. The Government thought, and Parliament agreed, that this ran counter to the fundamental principle that juries should be selected at random. Peremptory challenge was therefore abolished in England and Wales by section 118 of the Criminal Justice Act 1988, with effect from 5 January 1989. The right to challenge with cause is not affected. 219. To ensure that the abolition of peremptory challenge does not leave the prosecution with an unfair advantage, the Attorney-General has issued guidelines on the exercise by the Crown of its corresponding right of "stand-by", whereby the prosecution can ask a juror to stand-by rather than join a particular jury. In future, it will be exercised in only two situations: first, to remove a manifestly unsuitable juror, but only if the defence agrees; secondly, in terorist or security cases, where a check carried out under the Attorney-General's authority has revealed that a particular 
**Analysis**
This text appears to be discussing the legal system and the rules surrounding trials in England and Wales. The language used is formal and technical, indicating that the topic is related to the administration of justice and the fairness of the trial process.

**Category**
Law and Justice