Lord Chancellor David Lammy has claimed the staggering backlog of criminal cases in England and Wales could be cleared within a decade if Parliament agrees to drastically reduce the number of jury trials. The deputy prime minister is urging Labour MPs and the public to support reforms inspired by Canada's system.
Backlog Crisis and Radical Proposals
In an exclusive interview, Lammy warned that the current backlog of nearly 80,000 trials is set to worsen, potentially exceeding 100,000 cases if no action is taken. He cites a 10% rise in police arrest rates, more complex evidence from technology and forensics, and longer trials as key drivers of the crisis.
His proposed solution is a significant overhaul. Under the plans, defendants facing a maximum sentence of three years or less would lose the automatic right to a jury trial. Magistrates' sentencing powers would be extended, and a new judge-only "swift" court would be established. The goal is to halve the current annual tally of 15,000 jury trials.
Canadian Model and Mounting Opposition
Speaking from Toronto, where he observed the system firsthand, Lammy defended the model. "It has been happening in Canada for decades. It is very normal," he stated, noting that in some jurisdictions, defendants often prefer a single judge.
However, the plans have sparked a significant backbench rebellion within the Labour Party. Dozens of MPs fear the changes could disproportionately impact defendants from working-class and minority ethnic backgrounds, making it harder for them to challenge prosecutions.
Prominent rebel and former shadow attorney general, Karl Turner MP, has gone so far as to suggest he could stand down and trigger a by-election if the plans are not scrapped. He labelled Lammy's claims that the reforms would quickly cut the backlog as "dishonest," arguing the bill is not retrospective and would take years to implement.
Calls for Safeguards and Alternative Solutions
MPs and legal experts have urged the government to include a "sunset clause" in the legislation, allowing the changes to be reversed once the backlog is reduced. Lammy has declined to rule this out, stating he is "keen to listen and speak to parliamentarians."
Critics argue that focusing on judge-led courts ignores other practical solutions. Richard Atkinson, immediate past president of the Law Society, pointed to repairing unused courtrooms, investing in legal aid, and early mediation as alternatives. He cautioned that the Canadian context is different, with time limits on trials and decriminalised offences.
Lammy remains steadfast, asserting that reform is necessary "to save the criminal justice system and make it fit for purpose." He aims to see the backlog start falling by 2029 and believes it could be fully cleared by the mid-2030s if his proposals are enacted.
