The government is preparing to announce the most significant changes to jury trials in England and Wales in generations, with ministers having been briefed on plans that would see juries reserved for only the most serious criminal cases.
Radical Reforms to Tackle Court Crisis
Sky News understands that Justice Secretary David Lammy has informed fellow ministers about proposals that would limit jury trials to cases involving murder, rape, and manslaughter. The majority of criminal cases would instead be heard by a judge sitting alone, marking a dramatic departure from a cornerstone of the British legal system that dates back centuries.
The reforms are expected to be formally announced next week as the government confronts what it describes as a crisis in the criminal justice system. With crown court backlogs approaching 80,000 cases, ministers argue that bold action is necessary to deliver justice to victims who face increasingly long waits for their cases to be heard.
Leaked Documents Reveal Extensive Plans
A confidential memo seen by the Times and circulated among ministers explicitly states there is no right to jury trials in the UK, laying the groundwork for the controversial changes. The documents suggest that offences likely to receive sentences of up to five years would be heard by judges without juries.
Work and Pensions Secretary Pat McFadden did not deny the impending changes when questioned on Sky News' Politics Hub programme. He acknowledged that colleagues at the Ministry of Justice were likely considering radical ways to reduce the backlog, invoking the principle that justice delayed is justice denied.
The proposed measures go significantly further than recommendations made by retired Court of Appeal judge Sir Brian Leveson during the summer. While Sir Brian suggested creating a new intermediate court called the Crown Court Bench Division for cases with maximum sentences of three years, the current plans would see judges alone handling a much broader range of offences.
Mounting Political and Legal Opposition
The reforms have already drawn sharp criticism from across the political and legal spectrum. Conservative leader Kemi Badenoch warned that the move risks fairness, undermines public trust and erodes the very foundation of our justice system.
The Criminal Bar Association delivered an even stronger condemnation, stating that the plans would eviscerate the jury trial as we know it. The association represents barristers who would be directly affected by the changes to court procedures.
A Ministry of Justice spokesperson confirmed that while no final decision has been taken, the government recognises the scale of the crisis causing pain and anguish to victims and that bold action will be required to address it. The spokesperson noted that the backlog currently stands at 78,000 cases and continues to rise.
When David Lammy assumed his position as Justice Secretary in September, he identified the courts crisis as his priority, distinguishing his approach from his predecessor Shabana Mahmood, who had focused primarily on addressing prison overcrowding.