Prime Minister Keir Starmer's government is facing significant criticism over proposals to dramatically reduce jury trials in England and Wales, a stark contrast to his own previous writings advocating for the expansion of jury rights.
From Expansion Advocate to Reduction Proponent
The controversy emerged after government sources confirmed that Justice Secretary David Lammy has outlined plans that would preserve jury trials only for the most serious offences, specifically those carrying potential prison sentences exceeding five years. This would include crimes such as rape, murder, and manslaughter.
This represents a remarkable shift from Starmer's 1992 position, revealed in an article he wrote for Socialist Lawyer magazine. The then-secretary of the Haldane Society of Socialist Lawyers argued that "the right to trial by jury is an important factor in the delicate balance between the power of the state and the freedom of the individual."
He explicitly called for extending jury trials to thousands of cases heard in magistrates courts, stating this should happen "despite the inevitable increase in costs."
Legal Community Reacts with Alarm
The leaked Whitehall document detailing the proposals has drawn swift condemnation from senior legal figures. Many argue the changes would fail to address court backlogs while potentially "destroying justice as we know it."
Labour peer and renowned legal expert Helena Kennedy condemned the plans as a "mistake" during an appearance on BBC Radio 4's Today programme. She emphasised that "one of the greatest strengths of the jury system is actually bigger than just to do with law and cases."
Lady Kennedy highlighted the importance of public participation in the justice system, noting that "it's one of the very few ways that the public can participate in our institutions." She attributed current system failures to chronic underfunding rather than the jury system itself.
Government Defends Backlog Reduction Strategy
A government spokesperson responded to the criticism by stating: "Jury trials are fundamental to our justice system and will always be in place for the most serious offences. No final decisions have been made, but the government is determined to get on top of the record backlog – with 78,000 cases and rising – and get victims the justice they need."
Under the proposed changes, single judges would preside over trials for serious offences meriting sentences up to five years, removing the ancient right to jury trial for thousands of defendants.
Support for the reforms came from another Labour peer, Charlie Falconer, the former justice secretary. He argued that the current system "cannot cope" with increasing caseloads and disclosure requirements, leading to defendants "gaming the system" by pleading not guilty in hopes that victims and witnesses might withdraw.
The Ministry of Justice confirmed that while no final decision has been taken, the proposals have been circulated throughout Whitehall in preparation for a potential announcement in the new year.
