Plans to scrap jury trials apart from serious cases revealed

Plans have been revealed to scrap jury trials apart from serious cases such as murder and rape <i>(Image: Getty Images)</i>
Plans have been revealed to scrap jury trials apart from serious cases such as murder and rape (Image: Getty Images)
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New proposals have been revealed to scrap jury trials in England and Wales apart from the most serious of cases.

It has been reported that Justice Secretary David Lammy has written to officials suggesting new plans to overhaul the court system.

Under the new plans, only cases of rape, murder and manslaughter might be heard by juries.

The Ministry of Justice has said that while no decision has been made, there is a "crisis in the courts" with thousands of cases backlogged.


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Proposals to 'scrap jury trials' apart from serious cases

Mr Lammy, who is also deputy prime minister, wrote in a memo seen by The Times that there was “no right” to jury trials in the UK.

He added that the changes to jury trials would not compromise a suspect’s rights.

It has been reported that the Government is looking to create a new tier of jury-less courts in England and Wales, which would deal with most of the crimes currently taken to Crown Courts.

The Justice Secretary also wants to ask Parliament to end jury trials for defendants who would be jailed for up to five years, according to the BBC.

A Ministry of Justice spokesperson said: “No final decision has been taken by the 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.”

Crown Courts oversee the more serious trials Magistrates Courts cannot (Image: Getty Images)

The Prime Minister’s official spokesman added: “Jury trials will remain a cornerstone of our justice system for the most serious cases.

“No final decisions have been taken, but it is right that we ask whether there are cases that need not be heard by a jury.”

The proposals do not apply to Scotland or Northern Ireland.

Which cases would be seen by a jury under the new plans?

A document seen by the BBC reportedly says Lammy wants to: "Introduce trial by judge alone for cases involving fraud and financial offences - if the judge considers the case to be suitably technical and lengthy. Exclusions for rape, murder, manslaughter and public interest."

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.

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.



Speaking to the Guardian previously, courts minister Sarah Sackman KC said: "For me, the priority is swift justice, fair justice, over prioritising a defendant’s right to choose where that trial is heard."

Proposals to axe jury trials have faced opposition from legal professionals, including from the Bar Council, which represents barristers in England and Wales.


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It argued “there is no need to curtail the right to a trial by jury – from both a principle and practical position”.

Meanwhile, Law Society of England and Wales president Mark Evans said: "This is a fundamental change to how our criminal justice system operates and it goes too far.

"We have not seen any real evidence that expanding the types of cases heard by a single judge will work to reduce the backlogs.

"With a sensible combination of funding and structural change, the Government can solve the criminal courts backlog without resorting to extremes."

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