Justice Secretary and Deputy Prime Minister David Lammy is set to announce sweeping plans to dramatically curtail the use of jury trials in England and Wales today. The move comes in response to what he describes as a "courts emergency," with the backlog of cases waiting to be heard already standing at 78,000 and projected to hit 100,000.
A Drastic Response to a System in Crisis
Lammy will argue that radical action is essential to tackle the mounting crisis in the justice system. The full details of his proposal will be revealed when he addresses the House of Commons later today. However, briefings to The Times and an article for the Daily Telegraph outline the likely direction of travel.
The plans are understood to build upon a report published in July by senior judge Sir Brian Leveson. He recommended that "either way" offences—where a defendant can currently choose between a magistrates' court or a Crown Court jury trial—should be heard by a judge sitting with two magistrates. Lammy's proposal is reported to go further, suggesting these cases be heard by a judge sitting alone.
From Abolition to Reform: A Policy Retreat
In a significant shift from more extreme options considered, Lammy appears to have pulled back from a previous, more controversial idea. Last week, a leaked paper revealed he had floated the prospect of abolishing jury trials for all cases except those involving alleged rapists and murderers. This prompted a colossal backlash, leading to a reconsideration.
Downing Street's statement at the time that no final decision had been made has now proven accurate. Lammy now positions himself as a defender of the jury system. "I will not be standing up in parliament … and announcing that we are scrapping jury trials, which remains a fundamental part of our system," he told The Times.
Magna Carta: A Charter for Change, Not Stasis
In a notable rhetorical move, Lammy invokes the Magna Carta to justify reform, rather than to defend tradition. He argues that the 13th-century charter was itself a protest against state failure. In his Telegraph article, he writes: "When a victim waits years for a trial, when the courts are so backed up that criminals fear no punishment… justice is denied."
He contends that Clause 40 of the Magna Carta, which warns against delaying or denying justice, compels action in the face of the current backlog. "If its authors saw the delays in our courts today, they would not urge us to cling rigidly to tradition. They would demand action," Lammy states.
Lammy is scheduled to make his statement to MPs after 12.30pm today, following a morning cabinet meeting chaired by Prime Minister Keir Starmer and economic updates from the OECD.
