Justice Secretary David Lammy has declared a "courts emergency" and unveiled a dual strategy of major investment and controversial legal reform to tackle a crown court backlog projected to exceed 100,000 cases by 2028.
Radical Reforms to Jury Trials
In a statement to the House of Commons, Lammy outlined plans to drastically reduce the number of jury trials in England and Wales. The proposals, leaked last week, would reserve juries primarily for the most serious offences like murder, rape, and manslaughter.
This forms part of the government's response to recommendations made by Sir Brian Leveson in July. Lammy's plan is understood to "go further" than Leveson's, potentially introducing judge-only trials for complex fraud cases and creating a new 'crown court bench division' with a judge and two magistrates for intermediate offences.
Lammy argued the current system is on the "brink of collapse," forcing victims to wait years for justice. "For many victims, justice delayed is often justice denied," he stated.
£550m Support Package for Victims
Alongside the structural reforms, Lammy pledged £550 million over three years to support victims and witnesses. This funding is intended for services like counselling and practical advice for those preparing to attend court.
The announcement was welcomed by incoming Victims' Commissioner Claire Waxman, though she cautioned it was not a "silver bullet" for the sector's wider crisis. She highlighted the extreme delays, noting some victims now face trial dates as far away as 2030.
Fierce Opposition from Legal Professionals
The proposed curtailment of jury trials has faced immediate and strong criticism from across the legal establishment. The Criminal Bar Association and the Bar Council stated there is "no need to curtail the right to a trial by jury" from either a principled or practical standpoint.
Prominent criminal barrister Keir Monteith KC warned the move would be "unconstitutional" and could create further 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 reducing jury trials would effectively cut the backlog.
According to Ministry of Justice figures, nearly half of the backlog involves violent or sexual offences, yet only around 3% of all criminal cases are currently heard by a judge and jury.
