David Lammy’s planned changes to criminal courts in England and Wales could have a “far-reaching” impact on race relations, a cross-party committee of MPs has concluded. The justice select committee warned that removing the right to elect for a crown court trial “has the potential to increase mistrust in the criminal justice system among the black community”, as black defendants are more likely to choose such trials.
A report released on Wednesday called for the government to set a “clear national target” for the number of black members of the senior judiciary, after “shocking” figures showed only 1% of crown court judges are black. Andy Slaughter, the committee chair, said it is “shocking” that this figure has not changed since 2015, and urged action to achieve a representative judiciary by 2035.
The 109-page report examined Lammy’s proposal to remove the right to elect for crown court in either-way cases such as theft and burglary. MPs noted that in 2022, 26% of black defendants elected for trial in the crown court, compared with 19% of mixed ethnicity, 17% Asian, and 15% white defendants. The Lammy review, written by Lammy in 2017, had concluded juries are one of the few areas where black and ethnic minority defendants do not face disproportionate outcomes.
The committee echoed “significant concerns” from the justice sector about the bill’s equality impacts, and said it was “not convinced” magistrates courts could handle the potential caseload increase. The target of 21,000 magistrates by 2029 was called “unrealistic”, as past recruitment campaigns have fallen short and retention remains a challenge.
A Ministry of Justice spokesperson defended the reforms, saying they will get cases heard faster and protect jury trials for the most serious crimes, while recruiting more magistrates and judges from diverse backgrounds. The government faces possible rebellions when the courts and tribunals bill returns to the Commons.
