Justice Secretary David Lammy has been accused of “scaremongering” by top lawyers who argue that his plans to limit jury trials are not backed by evidence. The criticism follows the release of official figures showing a marginal decrease in the Crown Court backlog, contradicting the Government’s dire projections.
Backlog Figures Spark Controversy
According to the latest data, 80,061 cases were pending in Crown Courts at the end of March, representing a decline of just 37 cases from the previous quarter. While the backlog remains high, the Criminal Bar Association (CBA) says the numbers have stabilised, undermining Mr Lammy’s justification for sweeping changes to the jury system.
In a statement to MPs in March, Mr Lammy warned that “the backlog is projected to reach 200,000 within the next decade.” However, the CBA has challenged this assertion, accusing the Government of using flawed assumptions to push through controversial reforms.
Lawyers Hit Back
Riel Karmy-Jones KC, Chair of the Criminal Bar Association, said: “It’s high time the Government ditched its ill-conceived attack on the right to trial by jury. The justification for these plans has never been there — these figures show MPs have been misled by assumptions dressed up as evidence.”
Andrew Thomas KC, Vice Chair of the CBA, added: “The Government’s prediction that the backlog would continue to rise by up to 16.5% year-on-year is beginning to look like an exercise in fearmongering.” He warned that restricting jury trials would shift cases to magistrates’ courts, which are already struggling with capacity.
Legal Community Calls for Scrapping Plans
Law Society vice-president Brett Dixon said: “It’s time to scrap headline grabbing plans to reduce jury trials and focus on the investments and reforms which will really make a difference.” The legal community has urged the Government to abandon the proposals and instead invest in the court system.
Political Reactions
Conservatives have seized on the issue, blaming immigration for overwhelming the courts. Shadow Justice Secretary Nick Timothy said: “Our courts are clogged with immigration claims funded by taxpayers through legal aid. Immigrants are still claiming this despite Conservative reforms due to human rights laws – that’s why we must leave the ECHR and return immigration decisions to ministers.”
Labour leadership front-runner Andy Burnham has previously called on the Government to “pause” the planned changes and “take a step back and have proper consideration.”
Government Defends Reforms
Despite the backlash, ministers have stood by the proposals. Justice minister Sarah Sackman argued that without major reforms to cut jury trials, it could take “nearly 300 years” to bring the backlog back to pre-pandemic levels. Mr Lammy, who also serves as Deputy Prime Minister, has proposed “swift courts” with judge-only trials for about a quarter of Crown Court cases that currently require a jury. Additionally, defendants in moderately serious “either-way” offences would lose the right to choose between a jury trial or trial by magistrates.
