By Tony O’Reilly-
The UK Justice Secretary, David Lammy, has announced plans to scrap jury trials in England and Wales for “either way” offences that are likely to carry a sentence of three years or less.
This reform is part of a package of measures aimed at tackling the record backlog of cases in the criminal court system, which is projected to reach 100,000 by 2028.
Key Details of the Reforms.
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Under the new arrangements, cases that fall under the three-year threshold will be heard in new “swift courts” within the Crown Court, where a single judge will decide the verdict. The government estimates this will deliver justice around 20% faster than jury trials. Jury trials will be retained for the most serious “indictable-only” offences, such as murder, rape, manslaughter, grievous bodily harm, and robbery.
The sentencing powers of magistrates will be increased from 12 months to 18 months, with the power to extend this to two years if necessary, allowing them to deal with a greater proportion of lower-level cases and relieving pressure on the Crown Court. There will also be judge-only trials for exceptionally technical and lengthy fraud and financial cases.
Rationale: The government argues the changes are necessary to prevent defendants from “gaming the system” by electing for a Crown Court trial to cause delays, hoping victims will give up on the prosecution. The plans have faced criticism from some in the legal profession and opposition politicians who view the right to a jury trial as a cornerstone of the British justice system.
The reforms are based on recommendations from a review by former senior judge Sir Brian Leveson
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Justice Secretary David Lammy announced plans to abolish jury trials for certain criminal cases, introducing new ‘swift courts’ instead. The reform targets ‘either way’ cases with a likely sentence of three years or less, where a judge alone would decide verdicts. Lammy justified the change by stating it would deliver justice 20% faster and is necessary to manage a projected caseload of 100,000 by 2028. The new approach aims to enhance transparency, as judges will provide public reasoning for their verdicts.
Conservative leader Kemi Badenoch criticised the proposal, arguing that reducing the right to trial by jury is unnecessary and harmful, calling it an ‘ancient right’.
A leaked memo had last week said Mr Lammy was considering not allowing jury trials for defendants likely to get a sentence of five years or more.
However, hours before its announcement, it was revealed it would actually be three years. Mr Lammy told Sky News any change from the five years was after talking to the rest of the cabinet.
However, the Ministry of Justice said the decision Mr Lammy’s and was “categorically” not because of any views from other ministers.
It is understood the government will try to get the changes through parliament quickly, but it will have to go through the normal passage and MPs will have to vote on it.
MPs and legal professionals have raised concerns about fairness, curtailing rights, and a lack of evidence the move will even help bring down the backlog.
The Law Society, which represents solicitors, said the reforms “erode the right to be judged by our own peers”.
They criticised the government for the judge-only reform, saying Sir Brian recommended two magistrates sitting alongside a judge, which “retained an element of lay perception in determining a person’s guilt or innocence”. The lawyers called on the government to public “clear evidence” that getting rid of jury trials will “tackle the horrendous backlogs”.
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