The government is considering sweeping reforms to the criminal justice system in England and Wales that could see the right to trial by jury significantly restricted, according to a leaked internal briefing. Justice Secretary David Lammy has proposed creating a new tier of courts that would remove guarantees to a jury trial for all but the most serious crimes, such as rape, murder, and manslaughter. The plans have sparked a furious backlash from senior lawyers, who warn they could 'destroy justice as we know it.'
The proposals, which go further than recommendations made by Sir Brian Leveson in July, would see judges alone preside over trials for offences carrying prison sentences of up to five years. Leveson had suggested that judges and magistrates hear cases with sentences of up to three years. The move is driven by a record backlog of almost 80,000 cases in crown courts, with some suspects facing trials as late as 2030. One barrister reported an alleged rapist being bailed until 2030.
The right to trial by jury has been a cornerstone of British democracy since the 13th century and is enshrined in the Magna Carta. Critics argue that the reforms would undermine centuries of legal tradition and could worsen the backlog by eroding public confidence in the justice system. No final decision has been made, but sources say the proposals have been circulated across Whitehall ahead of a potential announcement in the new year.
Shabana Mahmood, Lammy's predecessor, had previously declared that the criminal justice system was 'on the verge of collapse' and required radical reform. The government sees the cuts as necessary to address the crisis, but opponents fear the changes will have far-reaching consequences for democracy and justice in England and Wales.
