The government is considering scrapping jury trials except in the most serious cases, according to reports.
Justice secretary David Lammy has reportedly proposed a significant overhaul of the UK’s court system, suggesting that jury trials could be limited to offences such as rape, murder, and manslaughter.
In a memo seen by The Times, Mr Lammy, who also serves as deputy prime minister, asserted that there was “no right” to jury trials in the UK and that such a change would not compromise a suspect’s rights.
The briefing note, circulated this month to other ministers and senior civil servants, outlined that while rape, murder, manslaughter, and “public interest” cases would retain jury involvement, other less severe offences would instead be decided by a judge.
The move comes as the government is yet to respond to recommendations made by Sir Brian Leveson in a review of how to reform the courts system and cut the record-high crown court backlog.
A Ministry of Justice spokesperson said: “No final decision has been taken by government.
“We have been clear there is a crisis in the courts, causing pain and anguish to victims – with 78,000 cases in the backlog and rising – which will require bold action to put right.”
Under Sir Brian’s recommendations, juries would be reserved to hear the most serious cases, while other cases would be diverted to magistrates’ courts or to the proposed Crown Court Bench Division for trials to be heard by judges.
Last Thursday, The Guardian reported that the government would seek to limit jury trials for thousands of cases.
Courts minister Sarah Sackman KC had told the paper: “For me, the priority is swift justice, fair justice, over prioritising a defendant’s right to choose where that trial is heard.”
Proposals to curb jury trials have faced opposition from legal professionals, including from the Bar Council, which argued “there is no need to curtail the right to a trial by jury – from both a principle and practical position”.
In his review, Sir Brian said reform of jury trials was “merited” to address problems, particularly with lengthy or complex trials.
“Reform to address these concerns will be likely to have positive impacts in terms of efficiency, by reducing the open caseload, and, in addition, in terms of financial savings,” he said.
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