David Lammy has been accused of making a “massive mistake” by Labour MPs and peers after announcing radical plans to cut thousands of jury trials across England and Wales. The justice secretary told the Commons that defendants will no longer have the option to choose a jury trial for many offences, and magistrates’ sentencing powers will be extended from one year to at least 18 months. A new judge-led “swift” court will also be established.
The proposals, closely aligned with a sentencing review by retired judge Sir Brian Leveson, would reserve jury trials for “indictable-only” offences such as murder and rape, and “either-way” offences with a likely sentence of more than three years. Defendants in either-way offences with likely sentences of three years or less will lose the right to choose a jury trial. Magistrates’ sentencing powers could be extended to 24 months if necessary.
Civil servants estimate that of the 15,000 jury trials in the year to June, 2,500 would have been heard in the new “crown court bench division” and 5,000 by magistrates, with the remainder still heard by juries. This means defendants accused of burglary, theft, fraud, sexual assault, stalking, sharing indecent images, drug dealing and criminal damage up to £10,000 could be denied a jury trial.
Labour MPs criticised the plans. Stella Creasy noted jury trials account for only 3% of cases, questioning how curbing them would reduce the backlog. Clive Efford warned it could penalise working-class defendants and create an “us-and-them” system. Richard Burgon compared the policy to those of Vladimir Putin. Karl Turner called it a “massive mistake” that would never pass parliament. Diane Abbott said there would be miscarriages of justice for minority groups and women.
Labour peer and human rights barrister Helena Kennedy called Lammy’s claim that rape victims miss out on justice due to jury trial delays “shameful”, and said those calling for curbs often have a “snooty view of the general public’s ability to try a case”. She warned: “This would be the end of jury trial.”
