In a major overhaul of the criminal justice system in England and Wales, Justice Secretary David Lammy has announced that defendants facing sentences of three years or less will no longer have the right to a trial by jury.
End of the Right to Choose
Announced on Tuesday 2 December 2025, the reforms represent a significant shift. David Lammy confirmed that defendants will also lose the long-standing right to elect for a jury trial in certain cases. The government states that jury trials will remain the cornerstone for the most serious offences, including rape, murder, and manslaughter.
A New 'Bench Division' and Enhanced Powers
The changes will see the creation of a new "bench division" within the crown court system. This division will be presided over by a single judge and will handle "either-way" offences. These are crimes, such as assault on an emergency worker or shop theft, which can currently be heard either by magistrates or in a crown court with a jury.
In a parallel move, magistrates will see their sentencing powers increased. They will soon be able to hand down custodial sentences of up to 18 months, a rise from the current 12-month limit. The government has indicated this could be further extended to 24 months if required.
Changes to the Appeals Process
The reform package also alters the appeals process. The current automatic right of appeal against conviction or sentence from a magistrates' court will be replaced. Defendants will now have to meet a permission test, which will be based solely on points of law.
Mr Lammy described the suite of measures as "bold" reforms necessary to tackle court backlogs and improve efficiency, while maintaining that juries are sacrosanct for serious crimes. The Ministry of Justice believes these changes will free up valuable court time and resources, allowing the system to focus on complex, high-harm cases.
