Justice Secretary David Lammy has announced a £550 million investment to tackle the growing crown court backlog, which he warns could reach 100,000 outstanding cases by 2028 without radical reforms. In a statement to the House of Commons, Lammy described a “courts emergency” that is leaving victims waiting years for justice and pushing the system to the brink of collapse.
The funding, allocated over three years, will support victims and witnesses preparing to appear in court, including counselling and advice services. Lammy’s proposals follow recommendations from Sir Brian Leveson, who suggested diverting more offences to magistrates’ courts or a new intermediate court where a judge would sit with two lay magistrates. Juries would be reserved for the most serious cases, such as murder, rape, and manslaughter.
Lammy is also expected to introduce judge-only trials for complex fraud and financial cases, going further than Leveson’s recommendations. The Ministry of Justice says this could speed up proceedings and reduce the backlog, which currently stands at 78,000 cases in England and Wales. However, the plans have faced strong opposition from legal professionals, including the Criminal Bar Association and the Bar Council, who argue there is no need to curtail the right to trial by jury.
Critics, including barrister Keir Monteith KC, have warned that replacing juries with judges could create “further unfairness and miscarriages of justice,” particularly for black and minority ethnic defendants. The Law Society of England and Wales said it had seen no “real evidence” that the changes would work. Despite the backlash, Lammy insists bold action is needed, noting that nearly half of backlog cases involve violent or sexual offences, and only about 3% of criminal cases currently use a jury.
