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Justice Secretary David Lammy has unveiled proposals to significantly curtail the long-standing right to jury trials in England and Wales. Under the plans, jury trials would be reserved only for the most serious offenses such as rape, murder, manslaughter, or cases meeting a public interest test. For other criminal cases, Lammy aims to establish a new category of courts where trials would proceed without a jury.
An internal government briefing from the Ministry of Justice, shared with other Whitehall departments, outlines intentions to introduce these jury-less courts. These new courts would handle the majority of cases currently heard in Crown Courts, which traditionally involve juries. However, the Ministry of Justice is clear that the government has not yet reached a final decision.
The proposed reforms are designed to address severe delays and a growing backlog facing the Crown Courts. At present, over 78,000 cases are waiting to be heard, with predictions that the number could exceed 100,000 in coming years if no action is taken. These delays mean that defendants charged with serious crimes might not receive a trial until 2029 or 2030. The plans do not affect Scotland or Northern Ireland.
The internal documents reveal that Lammy, who also serves as deputy prime minister, intends to ask Parliament to end jury trials for defendants potentially facing sentences of up to five years. The approach would create an intermediary court, informally dubbed the “Crown Court Bench Division” (CCBD), which would function between magistrates’ courts and the Crown Court. This new tier, recommended by retired Court of Appeal judge Sir Brian Leveson earlier this year, would hear cases where a judge alone or a judge plus two magistrates preside, rather than a jury. Notably, Lammy’s proposals would go further than Sir Brian’s suggestions to maximize their impact.
The Ministry of Justice document specifies that trials by judge alone would also be introduced for certain fraud and financial crimes when cases are deemed technical and lengthy. Exemptions for jury trials remain for the gravest crimes, including rape, murder, and manslaughter. The reforms are said to aim at improving the speed of justice without undermining fair trial rights since there is no absolute right to a jury trial within England and Wales.
Officials indicate that Lammy is currently seeking final approval across government departments before making the proposals public, with announcements expected as early as December and legislation to follow in the new year.
The Ministry of Justice has stressed that no definitive decision has been made and highlighted the critical state of court backlogs causing significant distress to victims. However, critics have reacted strongly. Riel Karmy-Jones KC, chair of the Criminal Bar Association, condemned the proposals as ineffective and harmful, arguing that the backlog results from prolonged underfunding rather than jury processes. Conservative leader Kemi Badenoch criticized the reforms for threatening fairness and public confidence in the justice system, emphasizing the importance of trial by jury. Meanwhile, Liberal Democrat justice spokesperson Jess Brown-Fuller labeled the plans “completely disgraceful,” accusing the government of dismantling the justice system and calling for an urgent reconsideration of the proposals
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