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The UK government is preparing to unveil proposals aimed at limiting the access to jury trials in England and Wales, as part of efforts to address the severe delays currently plaguing the justice system. Deputy Prime Minister and Justice Secretary David Lammy is expected to present these plans in Parliament later this week. Prior to the formal announcement, details of the strategy were leaked, revealing a potential shift that would restrict jury trials primarily to the gravest offenses such as murder, with other cases being handled differently.
This initiative follows advice from a senior retired judge, who recommended reforms to help alleviate long-standing court backlogs. Presently, Crown Courts are burdened with approximately 78,000 pending cases, leading to predictions that some defendants charged today might not stand trial until as late as 2029 or 2030. Without additional measures, the backlog could swell beyond 100,000 cases. According to the leaked government briefing, new trial formats excluding juries would be introduced, meaning many crimes—from theft and drug offenses to violent and sexual crimes—would instead be judged solely by a judge. Only cases expected to result in sentences longer than five years, or those involving murder, manslaughter, or rape, would maintain the traditional jury process. Additionally, magistrates, who currently manage most minor criminal cases, would see their sentencing powers increased to up to two years.
It’s important to note that these reforms do not apply to Scotland or Northern Ireland and are still awaiting final Cabinet approval. The proposals go beyond earlier recommendations made by retired Court of Appeal judge Sir Brian Leveson. Ahead of the official announcement, David Lammy confirmed that the government will allocate an additional £550 million over three years to improve specialist victim support services and £34 million to encourage more barristers to work in criminal law. He emphasized the continued importance of juries, stating, “Juries remain and will always remain a fundamental part of our justice system and play a very, very important role the decision.” Lammy explained the rationale behind the changes, noting that quick jury trials for minor infractions could clog the system and delay proceedings in more serious cases, saying, “[If] someone steals an iPhone from an electrical shop tomorrow – is it right that that individual should be able to opt for a jury?”
The proposed reforms have met criticism from legal professionals, including Riel Karmy-Jones KC, chair of the Criminal Bar Association. She attributed the system’s delays not to the jury process but to years of underfunding and cautioned against introducing further complexity into an already strained infrastructure. Many criminal barristers have blamed the backlog on funding cuts during previous Conservative administrations. Meanwhile, Robert Jenrick MP, the shadow justice secretary, accused David Lammy of reversing his earlier support for juries and criticized the government for prioritizing welfare spending over sufficient court funding, stating, “Labour have chosen to spend billions of extra pounds on benefits payments rather than funding the courts to get the backlog down.
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