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A group of over 3,200 legal professionals, including 300 senior barristers and a number of retired judges, have urged the government to abandon proposals to eliminate jury trials in certain criminal cases. These concerns were expressed in a letter addressed to Prime Minister Sir Keir Starmer, who previously served as director of public prosecutions. The signatories argue that there is no solid proof that scrapping jury trials would alleviate the significant delays currently plaguing the criminal courts.
The government’s plan, scheduled to return to Parliament shortly, seeks to replace juries in England and Wales with a sole judge in cases where the defendant faces a potential prison sentence of up to three years. Deputy Prime Minister and Justice Secretary David Lammy supports these and other reforms, stating they could help reduce the unprecedented backlog, which currently stands at nearly 80,000 cases awaiting trial in Crown Courts. Due to these delays, some individuals charged today might not be tried until 2030.
The right to a jury trial, where ordinary citizens determine the guilt or innocence of defendants, has been a constitutional pillar for over eight centuries. The letter, coordinated by the Bar Council which represents barristers across England and Wales, describes the government’s proposal as an attempt to push through an unpopular, unsubstantiated, and untested change to this long-standing system. Among those who signed the letter are 300 King’s Counsel (top barristers handling the most complex cases), 22 retired Crown Court judges familiar with backlog issues, former Director of Public Prosecutions Sir David Calvert-Smith, and several well-known legal figures from television.
Critics emphasize that juries are not to blame for the current crisis in the criminal justice system. The letter calls on ministers to prioritize the reforms and modernization initiatives highlighted in an extensive independent review led by former senior judge Sir Brian Leveson. While Sir Brian also suggested limiting jury trials, his approach proposed volunteer magistrates working alongside a professional judge to maintain community involvement in the justice process. Kirsty Brimelow KC, head of the Bar Council, stressed the widespread opposition within the legal profession to the planned limits on jury trials, highlighting a lack of evidence supporting the government’s rushed legislation. She urged the government to reconsider before “bulldozing” the jury system.
Additional analysis by the Institute of Government suggests that reducing jury trials would cut court time by less than 2%, on the assumption that such cases would be handled more efficiently. Research from 2017, conducted by David Lammy before his ministerial role, indicated that juries particularly enjoy trust among ethnic minority defendants. Lammy points out that criminal justice systems in countries like Canada have implemented similar reforms without diminishing public confidence. Meanwhile, the Ministry of Justice noted that over 90% of criminal cases are already resolved fairly without a jury. A spokesperson defended the government’s stance: “With victims facing unacceptably long waits for justice after years of delays in our courts, we make no apologies for pressing ahead with our plans to reform the system based on Sir Brian Leveson’s independent review, alongside modernising it for the 21st Century with record investment.
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