Justice Secretary David Lammy is expected to significantly water down controversial proposals to drastically reduce the right to trial by jury in England and Wales. The move follows what he described as "cabinet feedback" on the initial plans.
A Shift in Threshold
Speaking ahead of a statement to Parliament, Lammy indicated he would now align more closely with a recommendation from a report by retired senior judge Sir Brian Leveson. The focus will be on diverting "either-way" offences – those that can be heard in either a magistrates' court or a crown court – likely to result in a sentence of three years or less away from juries.
This marks a retreat from a leaked memo which suggested a much more radical overhaul. That memo proposed jury trials only for public interest offences carrying possible prison terms of more than five years, a move that would have stripped the ancient right from thousands of defendants.
The Backlog Crisis
Lammy has framed the changes as a necessary response to a "courts emergency". He warned that the backlog of cases is set to surpass 100,000, leaving victims waiting years for justice. The Ministry of Justice states that nearly half of these backlogged cases involve alleged violent and sexual offences.
Under the expected proposals, serious offences like murder, manslaughter, and rape would remain before juries, as would other crimes beyond this trio. However, lesser assaults, thefts, and handling stolen goods could be dealt with by magistrates or in a new judge-only division of the crown court.
Criticism and Concerns
The plans, even in their scaled-back form, have faced immediate and fierce opposition from across the legal profession and political spectrum.
The Bar Council and Criminal Bar Association have stated there is "no need to curtail the right to a trial by jury" from a principle or practical standpoint. The Law Society of England and Wales said it had seen no "real evidence" the changes would effectively reduce the backlog.
Prominent criminal barrister Keir Monteith KC issued a stark warning, arguing that replacing juries with judges is "unconstitutional" and would "create further unfairness and miscarriages of justice for black and minority ethnic defendants."
In his media appearances, Lammy sought to reassure the public of his commitment to the jury system, thanking the 300,000 people who serve on juries annually. "I've stood up for juries all of my life," he said. "But I don't want the system to collapse. I want it to continue."
Separately, Lammy confirmed that two prisoners released in error were still at large, though he declined to give further details on the circumstances.
