Jury trials in some cases will be scrapped and so-called “swift courts” set up in England and Wales, the Justice Secretary has announced.
Currently jury trials make up 3% of cases but this will be curbed further as David Lammy confirmed they would be reserved for “indictable-only” offences such as murder and rape, and lesser “either-way” offences with a likely sentence of more than three years in prison.
Mr Lammy, who is also deputy prime minister, told MPs reforms were “desperately needed” amid victims facing “agonising delays” in the system, with the crown court backlog projected to reach 100,000 by 2028.
“I’m clear that jury trials will continue to be the cornerstone of the system for the most serious offences,” he said.
“We must also be honest that this is a problem that has taken years to build up, it will take years to fix. The changes I’m proposing will require legislation, it will take time to implement. Our investment will also need time to have an effect.”
The suggestion to scrap more jury trials has already faced opposition from MPs and legal professionals concerned over fairness, curtailing rights, and a lack of evidence the move will even help bring down the backlog.
The crown court backlog is currently at a record level of more than 78,000 cases and some trials are being listed as far in the future as 2030.
Currently, defendants of either-way offences can have their cases heard in the magistrates’ court or crown court, where they can elect a jury trial.
But under plans announced on Tuesday, defendants will no longer be able to choose this option.
Mr Lammy said: “Our world-leading judges should hear the most serious cases and I agree that they and the magistrate should decide where a case is heard.
“This will prevent defendants from gaming the system, choosing whichever court they think gives the best chance of success, and drawing out the process, hoping victims give up.”
Defendants who could receive a likely sentence of three years or less, such as for offences of owning a dangerous dog, threats to kill and house burglary, will instead have their trials heard by a lone judge in a newly created Crown Court Bench Division.
Magistrates’ powers will be increased to be able to hand down sentences of up to 18 months’ imprisonment, up from 12 months currently, so they will be able to deal with more either-way cases.
The powers could also be extended to 24 months if necessary.
The reforms come as a response to recommendations made in July by Sir Brian Leveson to overhaul the courts system.
In his review, the former senior judge found there is “no constitutional or common law” right, or right within European human rights law, for a defendant to be tried by a jury, and so there was no need to limit reforms because of this.
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.
The Government will also introduce judge-only trials for complex fraud cases.
