Justice Secretary to announce whether most criminal cases will lose jury trials
Lord Chancellor and Justice Secretary David Lammy will today confirm whether he plans to remove jury trials for all but the most serious criminal cases as part of his response to what he has described as a court’s emergency. The Ministry of Justice said Lammy, who is also deputy prime minister, will outline what he calls the most sweeping modernisation of the criminal courts in a generation.
Lammy said the system has been pushed to the brink of collapse, with victims waiting years for trials and the Crown court backlog projected to reach 100,000 outstanding cases by 2028. He argued that the government now has to be bold, promising a fast and fair justice plan designed to deliver swifter outcomes for victims and survivors.
A leaked briefing circulated last week revealed that only allegations of rape, murder, manslaughter and certain public interest matters would continue to be heard by juries. Offences carrying a maximum sentence of up to 5 years would instead be tried by a judge alone. This approach would extend beyond the 3-year threshold recommended by Sir Brian Leveson in his review of criminal court delays.
Embed from Getty Images
Reaction from the profession was immediate. Solicitors and barristers expressed strong concern about the implications for open justice and public confidence. The proposals also triggered an urgent parliamentary question last week. However, the Ministry of Justice has not confirmed whether the reported model will form part of Lammy’s final announcement. The statement released ahead of his parliamentary address said only that he will outline measures to free up Crown court time so the most serious cases can be heard quickly and fairly, and to provide faster routes for lower-level matters similar to approaches used in Canada.
Leveson’s earlier review noted that certain circumstances may justify trial by judge alone, particularly where the need to resolve cases swiftly or proportionately weighs heavily. He also highlighted that judge-only criminal trials already operate in Australia, Canada and New Zealand.
The expected reforms continue to divide opinion within the sector. Critics say wide restrictions on jury trials would undermine a fundamental safeguard in the justice system, while supporters argue that action is needed to manage chronic delays and transform the handling of less serious offences. Lammy has said the overriding aim must be to ensure that victims of grave crimes do not spend years waiting for their cases to be heard.
Today’s announcement will also include additional investment. The Ministry of Justice said up to an extra £34m per year will be made available in criminal legal aid fees for advocates. The government will also provide match funding for an unspecified number of new pupillages designed to support recruitment and resilience in the criminal Bar.
Lammy’s statement in parliament is expected to confirm the government’s preferred model for a restructured criminal court system and clarify whether the leaked proposals will form part of its legislative plans.