Legal Profession Voices 'Alarm' as Ministers Ignore Warnings
More than 100 legal professionals, including 23 King's Counsel, have expressed profound concern that the Ministry of Justice is disregarding their expertise regarding controversial plans to severely restrict jury trials in England and Wales. In a strongly-worded letter to the government, signatories accused ministers of ignoring the legal profession's substantial objections to what they describe as an 'irremediable error'.
Proposed Changes and Mounting Backlash
The government is expected to formally announce the changes as early as next week, despite causing significant division within the judiciary and among senior lawyers. The proposals, based on recommendations from Sir Brian Leveson's report, would introduce judge-alone trials for all but the most serious offences. This would effectively end an ancient right to trial by jury for many criminal cases, a cornerstone of the British legal system for centuries.
According to a leaked letter from Labour's David Lammy, the radical reforms would mean juries would only judge public interest offences carrying possible prison sentences of more than five years, such as murder, rape and manslaughter. For other serious offences meriting prison sentences of up to five years, judges would preside alone. Additionally, magistrates' powers would be extended, allowing them to handle offences carrying maximum sentences of two years instead of the current one year.
Justice Delayed and Systemic Consequences
Jodie Blackstock, a barrister at Garden Court Chambers and former legal director at Justice, voiced frustration at the lack of government response. 'The Ministry of Justice has announced it intends to go even further than the un-evidenced recommendations of Sir Brian Leveson', she stated. 'We are deeply concerned that our extensive experience is simply being ignored. As is the well-known and troubling reality that judicial decisions lack the disparity of 12 jurors.'
The courts minister, Sarah Sackman, highlighted the pressing issue of the court backlog, which stands at approximately 80,000 cases. She emphasised that this delay causes 'huge harm to victims as well as defendants', with some victims reporting job losses and mental health breakdowns while waiting for their cases to be heard.
However, the Criminal Bar Association has expressed anger at the proposals. Chair Riel Karmy-Jones KC warned: 'The erosion of the right to jury trial will break the increasingly thin connection between the state and ordinary people, and risks undermining social cohesion and trust in the criminal justice system.' She added that once public trust disappears, fears of tyrannical governments increase and faith in justice evaporates permanently.
Pressure groups have pointed to the justice secretary's own 2017 review into prejudice in the criminal justice system as evidence supporting juries. The review, commissioned by former Prime Minister David Cameron, concluded that juries 'act as a filter for prejudice', suggesting their removal could exacerbate racial disparities in court outcomes.
A Ministry of Justice spokesperson stated: 'No final decision has been taken by government. We have been clear there is a crisis in the courts, causing pain and anguish to victims – with 78,000 cases in the backlog and rising – which will require bold action to put right.'
