In a landmark statement to the House of Commons, Justice Secretary David Lammy has announced the most significant overhaul of the criminal justice system in decades, aimed at tackling a record-breaking backlog of cases.
The Core Reforms: A Shift from Juries to Judges
The centrepiece of the reforms, announced on December 2, 2025, is the replacement of jury trials with single judges for a wide range of 'either-way' offences. This change will apply to crimes likely to result in a prison sentence of three years or less.
Offences falling under this new rule will include burglary, theft, fraud, and certain sexual crimes. Mr Lammy stated that these new 'swift courts' within the Crown Court would deliver justice at least 20% faster than traditional jury trials, based on estimates from Sir Brian Leveson, whose July review informed the plans.
The right of defendants to elect for a jury trial in these cases will also be restricted, a practice Mr Lammy described as a 'peculiar way to run a public service' not commonly found in other common law jurisdictions.
The Crisis Driving Change: A Backlog Nearing 80,000
The reforms are a direct response to a crisis in the courts. The backlog of cases in Crown Courts in England and Wales hit a record 78,329 by June 30, 2025, having more than doubled since June 2019.
Ministers have warned this figure could soar to 100,000 within three years without intervention. Some trials are currently being scheduled as far ahead as 2030, leading to what the Justice Secretary called 'agonising delays' for victims and allowing defendants to 'game the system'.
Mr Lammy was blunt about the consequences, stating: 'When victims are left waiting for years, justice is effectively denied, and this is a betrayal of our legal heritage, and it’s a betrayal of the victims themselves.'
Additional Measures and the Role of Juries
The package of reforms extends beyond judge-only trials. Magistrates' courts will see their sentencing powers increased to 18 months, with a provision to extend this to two years, allowing them to handle more serious cases and relieve pressure on higher courts.
Appeals from magistrates' courts will be limited to points of law only. For exceptionally complex and lengthy fraud trials, judges will also be able to sit without a jury where appropriate.
Despite these sweeping changes, the government insists jury trials will remain the 'cornerstone' for the most serious offences. These will continue to include all indictable-only offences and crimes likely to attract a sentence of over three years, such as rape, murder, manslaughter, and robbery.
Criticism and Concern from Legal Experts
The announcement has been met with significant criticism from within the legal profession. Experts argue the reforms fail to address the root cause of the backlog.
Professor Cheryl Thomas KC, a leading judicial studies academic from University College London, stated there is no evidence that removing jury trials will reduce the backlog. 'Juries are not the cause of the backlog... the cause of the backlog is a shocking lack of funding for over a decade,' she told Metro.
Riel Karmy-Jones KC, Chair of the Criminal Bar Association, accused the government of 'eviscerating' the public's right to trial by jury. She cited years of underfunding leading to crumbling courts, caps on judges' sitting days, and shortages of barristers as the real drivers of delay.
Victims' Commissioner Claire Waxman OBE warned the system is failing on an 'unsustainable and unacceptable' scale, while domestic abuse charity Refuge welcomed the focus on delays but stressed the urgent need for better judicial training on issues like coercive control.
Mr Lammy acknowledged the plans, which require new legislation, represent a long-term fix for a problem that took years to build. His ambition remains for the backlog to start falling by the end of the current Parliament.
