Thousands of Lawyers Oppose Jury Restriction Plan
More than 3,200 lawyers, including 300 senior barristers and retired judges, have urged the government to abandon a proposal to eliminate some jury trials.
The letter addressed to Prime Minister Sir Keir Starmer, a former director of public prosecutions, states there is no evidence that the "unpopular" plan will resolve the unprecedented delays in criminal courts.
The proposals, set to return to Parliament on Tuesday, would replace juries in England and Wales with a single judge in cases where a convicted defendant faces imprisonment of up to three years.
Justice Secretary Lammy asserts that changes to jury trials, alongside other reforms, can help reduce the Crown Court backlog, which has reached a record 80,000 cases.
The delays mean some defendants charged today may not stand trial until 2030.
Labour MP Karl Turner, who opposes the plan, told the BBC he had a "constructive" meeting with Lammy, during which the deputy prime minister promised a "meaningful" review period to assess how the reforms function if approved by Parliament.
MPs will debate and vote on the overall principles of the measures in the Courts and Tribunals Bill during its second reading on Tuesday.
While some MPs have expressed concerns, potential Labour rebels may abstain rather than oppose the bill outright, aiming to propose amendments during further debates in the House of Commons.
The bill must also pass the House of Lords before becoming law.
The right to a jury trial, where ordinary citizens determine the guilt or innocence of defendants in Crown Courts, is a constitutional cornerstone dating back over 800 years.
The letter, organised by the Bar Council representing all barristers in England and Wales, describes the plan as an attempt "to force through an unpopular, untested and poorly evidenced change to our jury system."
'Bulldozing' Jury Trials Claim
"We have long warned that the criminal justice system is in crisis.... Juries have not caused this crisis,"the letter states.
It urges ministers to prioritise reforms and modernisation steps outlined in a major independent review by former senior judge Sir Brian Leveson.
Sir Brian also recommended restricting jury trials; however, his proposal involved volunteer magistrates deciding affected cases alongside a professional judge to maintain community involvement.
Kirsty Brimelow KC, senior criminal lawyer and head of the Bar Council, said:
"This letter and its more than 3,000 signatories demonstrate the unequivocal principled and practical opposition to the restriction of jury trials from not only the Bar, but the legal profession as a whole.
There is very little evidence to support even basic rationality of the government's decision to rush through this legislation which unnecessarily removes jury trials from thousands of people.
It's not too late for the government to listen to us as experts and as a profession and stop before bulldozing our jury system."
Shadow justice secretary Nick Timothy urged Labour MPs to join Conservatives in opposing the changes, stating that juries provide a "safeguard between the citizen and the state."
"Parliament has a clear choice. It can stand up for one of the oldest rights in our justice system or let Labour take a sledgehammer to our constitution."
Speaking to BBC Breakfast on Tuesday, Justice Minister Sarah Sackman said,
"Jury trials will remain a cornerstone of British justice"but argued that there was "no point in having a jury trial if it takes years to get there."
"We have to have all three levers - the reforms, modernisation and investment,"she added.
"Only all three will bring down the backlog in our courts."
Study Casts Doubt on Plan
A study of court backlogs by the Institute of Government, a think tank, projected that reducing jury trials would save less than 2% of court time, assuming cases are processed more quickly.
Research conducted by Lammy in 2017, prior to his ministerial role, found that juries were particularly trusted by ethnic minority defendants.
He noted that many comparable criminal justice systems, including Canada’s, have implemented similar reforms to expedite justice without diminishing public confidence in the courts.
The Ministry of Justice stated that over 90% of criminal cases are already fairly heard without a jury.
A ministry spokesman said:
"With victims facing unacceptably long waits for justice after years of delays in our courts, we make no apologies for pressing ahead with our plans to reform the system based on Sir Brian Leveson's independent review, alongside modernising it for the 21st Century with record investment."
