Prime Minister Andy Burnham has abandoned the contentious proposal to restrict jury trials. The move represents a reversal of measures brought forward under Sir Keir Starmer's leadership in an attempt to address the court backlog.
Only certain fraud and financial offences will now be permitted to be heard before a judge sitting alone without a jury, the Ministry of Justice (MoJ) confirmed. Justice Secretary Alex Norris stated he chose to "change course" following the "strength of feeling on the proposals".
Resistance from MPs and legal practitioners
The scheme encountered resistance from MPs and legal practitioners worried about fairness, the erosion of rights, and insufficient evidence the measure would actually assist in reducing the backlog. Barrister Karl Turner, who had the Labour whip suspended after he criticised the proposal, praised the decision, and expressed gratitude to the Prime Minister "for his support during my campaign".
Mr Turner, MP for East Hull, informed the Press Association he had "engaged directly with the Justice Secretary" regarding the matter in recent weeks.
Background of the reforms
Former justice secretary David Lammy, who championed the move, had informed MPs the reforms were "desperately needed" to prevent victims enduring "agonising delays". MoJ statistics revealed there were 80,829 cases awaiting resolution at the conclusion of June, with the backlog almost doubling since 2020.
Mr Lammy sought to reserve jury trials for "indictable-only" offences such as murder and rape, and lesser "either-way" offences carrying a likely sentence exceeding three years' imprisonment. Alternative cases would have instead been adjudicated by a solitary crown court judge. The measure received backing from MPs during its initial Commons reading earlier this year.
New modifications and reaction
Mr Norris maintained that abandoning the proposal would enable the Government to address the backlog more rapidly, as it would demand less structural reorganisation. A further modification unveiled by the MoJ will see defendants charged with "relatively minor crimes" stripped of the right to opt for a Crown Court jury trial over a magistrates hearing, with courts retaining ultimate authority on where "either-way" offences are directed.
The Justice Secretary stated: "This Government inherited criminal courts on the brink of collapse, with victims waiting years for their day in court. I remain committed to bringing down the backlog and delivering swifter justice for those who so desperately need it.
"But I have heard the strength of feeling on the proposals for increasing the number of judge-alone trials in the crown court and have made the decision to change course. This allows us to start that work far earlier, ensuring that under this Government we do not have victims waiting endlessly for justice. Justice delayed is justice denied, and I am committed to maximising efficiencies in our system alongside record investment. I remain committed to structural reform which is crucial if we are to bring down the backlog."
The amendments will be incorporated into the Courts and Tribunals Bill, scheduled to return to Parliament later this month. The suggested changes emerged in response to Sir Brian Leveson's recommendations for reforming the courts system. Within his review, the former senior judge concluded there exists "no constitutional or common law" right, or right within European human rights law, for a defendant to be tried by a jury, and so there was no need to limit reforms because of this.
Addressing the Government's decision, Mr Turner informed the Press Association: "I strongly welcome the fact that the new Justice Secretary, Alex Norris, has rightly binned the unworkable plans to curtail jury trials pursued under the previous Labour prime minister, Sir Keir Starmer.
"I have been pleased to engage directly with the Justice Secretary and his political advisers in recent weeks, and those discussions have been constructive and encouraging.
"While we must await the detail of the Government's plans before judging how effective they will ultimately be in practice, I am pleased that Prime Minister Andy Burnham has honoured the commitment he gave me to drop the proposed Crown Court Bench Division (CCBD), a new tier of criminal court that I believe would have been unworkable, unjust and undemocratic.
"I have consistently made the case that people facing serious criminal charges deserve the fundamental safeguard of a jury trial, and I am hugely grateful to Andy Burnham for his support during my campaign against David Lammy's proposals. I also want to place on record my thanks to Justice Secretary Alex Norris for engaging with me so positively and constructively.
"But the Government should be in no doubt that if its eventual proposals are unworkable, fail to protect the right to a fair trial or undermine access to justice, they will not secure the support they need in the House of Lords. I will continue to press the Government to ensure that any reforms to our criminal courts strengthen access to justice, protect the right to a fair trial and command the confidence of the public.
"This is an important step, but the fight to protect access to justice and ensure justice is properly served for both victims and the accused does not end here".
Shadow justice secretary Nick Timothy stated: "This is a major victory for everyone who fought to defend trial by jury, and Conservatives led that fight from day one. Labour have been forced to abandon its central attack on jury trials in the Crown Court. Labour are restricting juries by the back door, scrapping the right to elect one and dumping those cases on magistrates whose backlog is at a record high."
Mark Evans, president of the Law Society of England and Wales remarked: "Too much time has been wasted to reach this common-sense position while the backlogs in the Crown and magistrates' courts have remained unacceptably high. Investment in infrastructure and technology is encouraging but this must be new money coming into the criminal justice system. We remain concerned that putting more cases into the magistrates' court, which also faces record backlogs, without increasing capacity places even greater strain on an already overburdened system and risks serious cases facing summary justice."
Claire Waxman, Victims' Commissioner for England and Wales, stated victims "are being asked to place their faith in a plan that ministers themselves previously argued would not be (enough)." Liberal Democrat justice spokesperson Jess Brown-Fuller said the proposal "should never have been introduced in the first place", while Green MP Sian Berry said the U-turn is "a victory for justice and fairness".
