Justice Secretary David Lammy has announced a radical overhaul of the criminal justice system in England and Wales, aiming to tackle record-breaking court delays by significantly reducing the number of trials heard by a jury. The reforms, described as "desperately needed," will reserve jury trials for the most serious offences and introduce new judge-only "swift courts."
Core Reforms: Reserving Juries and Removing Choice
Under the proposals outlined to MPs in the Commons, the right to a trial by jury will be reserved primarily for 'indictable-only' offences like murder and rape. Crucially, the reforms will strip defendants of the right to choose their court for 'either-way' offences. Currently, those accused of such crimes can opt for a magistrates' court or a Crown Court jury trial.
Mr Lammy argued this change is necessary to prevent defendants from "gaming the system" by choosing the court they believe offers the best chance of success and dragging out proceedings in the hope that victims give up. Instead, judges and magistrates will decide where a case is heard.
The new model will see cases likely to result in sentences of three years or less—including offences like dangerous dog ownership, threats to kill, and domestic burglary—heard by a single judge in a newly created Crown Court Bench Division designed for speed.
Tackling a Crisis of Delay
The driving force behind the changes is the crippling backlog in the courts. The Crown Court backlog is currently at a record high of more than 78,000 cases, with some trials scheduled as far ahead as 2030. The government forecasts this figure could balloon to 100,000 cases by 2028 without intervention.
"Victims face agonising delays," Lammy told Parliament, emphasising that while jury trials would remain the "cornerstone" for the most serious crimes, the scale of the problem demanded action. He acknowledged that fixing the issue, which has built up over years, would itself take years and require new legislation.
Expanded Powers and Wider Strategy
Alongside the reduction in jury trials, the reforms include other measures intended to increase efficiency:
- Magistrates' sentencing powers will be increased from the current maximum of 12 months to up to 18 months in prison, with a potential further extension to 24 months if needed.
- The government confirmed the introduction of judge-only trials for complex fraud cases.
The plans are based on recommendations from a review conducted by former senior judge Sir Brian Leveson, published in July. His report concluded there was no constitutional right to a jury trial under common law or European human rights law, paving the way for reform. Sir Brian stated that reform was "merited" and would likely improve efficiency and generate financial savings.
While ministers say the changes are part of a broader strategy to clear delays and restore public confidence, they have already drawn criticism from some MPs and legal bodies. Concerns have been raised about fairness, the erosion of defendants' rights, and whether the reforms will genuinely alleviate the intense pressure on the courts.
