The Justice Secretary and Deputy Prime Minister, David Lammy, has set out deeply contentious proposals to dramatically reshape the UK's court system by restricting the right to a jury trial for most criminal cases.
The Proposed Overhaul
In a confidential memo to fellow ministers and senior civil servants, Mr Lammy argued that there is 'no right' to jury trials within the UK's legal framework. He asserted that the proposed changes would not infringe upon a suspect's fundamental rights.
Under the plans, which were first reported by The Times, juries would be reserved for a narrow set of the most severe offences. Only cases involving rape, murder, and manslaughter, along with those deemed to be of significant 'public interest', would be heard before a jury.
All other, less serious offences would be diverted away from jury trials. These cases would instead be heard either by magistrates or by a single judge in a proposed new Crown Court Bench Division.
Tackling the Court Backlog Crisis
The radical move is presented as a solution to the critical crisis engulfing the courts. A spokesperson for the Ministry of Justice confirmed the system is causing 'pain and anguish to victims', pointing to a record-high Crown Court backlog of 78,000 cases that continues to grow.
The government is currently considering recommendations made by Sir Brian Leveson in his review of the courts system. Sir Brian concluded that reform of jury trials was 'merited', particularly for lengthy or complex cases, and would likely yield positive impacts on efficiency and financial savings.
Echoing this focus on efficiency, Courts Minister Sarah Sackman KC stated that the priority was 'swift justice, fair justice, over prioritising a defendant's right to choose where that trial is heard.'
Fierce Opposition from Legal Professionals
These proposals are expected to face strong opposition from many lawyers and legal bodies, who regard trial by jury as a cornerstone of the English justice system.
The Bar Council has already voiced its dissent, arguing that 'there is no need to curtail the right to a trial by jury - from both a principle and practical position.' Many legal experts fear that limiting jury trials to only the most serious cases could be a first step towards their eventual abolition for a much wider range of offences.
A Ministry of Justice spokesperson emphasised that 'no final decision has been taken by government', but acknowledged that resolving the backlog would require 'bold action'.
