Ministers in England and Wales have officially scrapped controversial plans that would have slashed the number of jury trials by replacing them with a judge sitting alone. The abandoned proposals, originally drawn up by former justice secretary David Lammy under Sir Keir Starmer’s government, were designed to tackle a growing backlog in the courts.
Alex Norris Confirms Government U-Turn on Crown Court Trials
The Ministry of Justice announced the sudden reversal after facing a fierce backlash from lawyers, MPs, and campaigners. Critics condemned the initial proposals as “madness” and argued they contradicted Labour values. Justice Secretary Alex Norris stated that while he remains committed to bringing down the backlog, he has listened to the strength of feeling regarding the proposal to increase judge-alone trials in the crown court.
This government inherited criminal courts on the brink of collapse, with victims waiting years for their day in court,
Mr Norris said, adding that the policy change allows the government to start necessary work far earlier without making victims wait endlessly for justice. The government is framing the U-turn as a method to achieve swifter justice by avoiding the time required to establish a new judge-only crown court bench division. Mr Norris further emphasized his commitment to maximising efficiencies in our system alongside record investment.
Did You Know? Ministry of Justice figures showed there were 80,829 active cases waiting to be dealt with in the crown courts at the end of June, with projections indicating the backlog could hit 100,000 without sweeping reforms. The backlog has almost doubled since 2020.
Ministers retain specific parts of the original framework to address caseloads
Despite abandoning the bulk of those measures, ministers are retaining specific parts of the original framework, including magistrate-led determinations for “either way” offenses and an increase in magistrates’ sentencing powers from 12 months up to 18 months, with an option to extend to two years.
Courts minister Sarah Sackman KC outlined alternative measures to address the caseload, which could include utilizing artificial intelligence to help list cases, scheduling more virtual hearings, and ensuring defendants arrive at court on time.
Legal professionals widely welcomed the abandonment of the primary proposals
Legal professionals and representative bodies widely welcomed the abandonment of the primary proposals. Kirsty Brimelow, chair of the Bar Council of England and Wales, praised the government’s swift action but cautioned that expanding magistrates’ sentencing powers remains a dangerous experiment while prisons sit at capacity. Mark Evans, president of the Law Society of England and Wales, also welcomed the decision, noting that time had been wasted on the proposal while backlogs remained high. Karl Turner, the MP for East Hull who had the Labour whip suspended after criticizing the plan, also welcomed the reversal.
However, Claire Waxman, the victims’ commissioner, expressed strong concern over the sudden abandonment of the measures. She stated: Victims are entitled to ask whether what remains will be enough to meet the challenge [of delivering swifter justice].
Sir Brian Leveson recommended removing jury trials to prevent system collapse
Why were the jury trial reforms initially proposed?
The proposals stemmed from a government-commissioned review by former judge Sir Brian Leveson, who recommended removing the right to a jury trial for thousands of defendants to prevent the criminal justice system from collapsing under a mounting caseload.
Who criticized the original plans to remove jury trials?
The plans faced a fierce backlash from lawyers, legal associations, and MPs.
Which parts of the original legislative package are still moving forward?
While broad judge-alone trials have been scrapped, the government is keeping plans to shift jurisdiction over “either way” offenses to magistrates and is proceeding with plans to increase magistrates’ sentencing powers from 12 months to 18 months.
How will the Ministry of Justice manage the growing crown court backlog without reducing the number of jury trials? The government remains focused on structural reform, which officials describe as crucial to reducing the backlog.
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