Justice secretary to lay out sweeping reforms for ‘swift justice’ including scrapping some jury trials
The justice secretary is expected to cancel juries for some crimes as he announces plans for “speedy justice” trials decided only by judges.
David Lammy will announce the most sweeping court reforms in a generation in the House of Commons on Tuesday despite fears of losing the right to trial by jury for some offences.
Reports suggesting the measures could go as far as canceling juries for all but the most serious offenses such as rape and murder were met with opposition from lawyers.
But the deputy prime minister is expected to push ahead with “bold” reforms to tackle a backlog at the crown court, which has cases listed until 2030 and reached a record 78,000 cases.
Ministers have warned that if nothing is done this number could rise to 100,000 by 2028, with a growing number of victims giving up on seeking justice due to long delays.
Mr Lammy said: “Today I am bringing an end to the courts emergency that has left victims of the most serious crimes waiting for years for justice and brought the justice system to the brink of collapse.
“For many victims, justice delayed often means justice denied. Some give up on the process, while others do not trust that if they report a crime, justice will be served and the perpetrators will never be held accountable.
“This cannot continue like this; we must be brave. I will create a swift and fair justice plan that will give victims and survivors the swift justice they deserve.”
Mr Lammy will explain the government’s response to recommendations made by Sir Brian Leveson in July to reform the court system and tackle the backlog.
Sir Brian called for more cases to be transferred to magistrates’ courts or a new intermediate court where one judge will hear cases with two lay magistrates.
The former senior judge also called for juries to be reserved to hear the most serious cases, such as “only indictable” offenses such as murder, rape and manslaughter, and lesser offenses “in either case” if the judge sees fit.
He also called for judge-only trials to be held in serious and complex fraud cases or other complex cases determined by a judge.
Full details of the government’s plans have not yet been revealed, but Mr Lammy is expected to present proposals that would increase judges’ control over how cases are handled.
It is also expected to create faster routes for lower-level cases, such as in Canada, where judge-only hearings are held and courts minister Sarah Sackman KC visited last month.
Proposals to drastically restrict jury trials have met with opposition from MPs and lawyers, including the Criminal Bar Association and the Bar Council, who argue that “there is no need to restrict the right to trial by jury, both in principle and in practice”.
Shadow justice secretary Robert Jenrick accused Mr Lammy of “completely” abandoning his principles after previously defending juries while in opposition.
“Labour has chosen to spend billions more on welfare payments rather than funding the courts to reduce the backlog,” Mr Jenrick said. “This year alone, 21,000 hearing dates have been missed and the court backlog has increased by 10 per cent.
“David Lammy should get his own Department in order rather than deprive British citizens of their former freedoms.”
Reports claiming Mr Lammy was considering further restricting jury trials beyond Sir Brian’s proposals were met with a backlash from the Law Society of England and Wales, which said it had seen no “real evidence” that it would work to reduce the backlog.
They warned before the announcement that the government still had time to pull the justice system back “from the brink”, adding that Sir Brian’s recommendations were already an “uncomfortable compromise”.
Their former chairman, Richard Atkinson, added: “We question whether it is effective to announce these reforms before the government has seen Part II of its report, which we expect will include recommendations to improve efficiency by focusing on the judiciary, technology and those who run the system.”
According to the Department of Justice, nearly half of the case backlog consists of violent and sexual offenses, and only 3 percent of criminal cases are currently heard by a judge and jury.
As part of the announcement, £550 million will be given to victim support services over the next three years to assist victims and witnesses through the justice process, for example through counseling and advice on attending court.
Baroness Helen Newlove, the deceased victims’ commissioner, has repeatedly raised concerns about victim services, saying in October that “support can be the difference between a victim staying engaged or drifting away from the justice process.”
An annual survey of victims by the Watchdog found that less than half of respondents were confident that the criminal justice system was effective or that they could achieve justice by reporting a crime.
Mr Lammy also committed to more crown court sitting days and a match fund scheme to support more young people starting careers as criminal lawyers.
