Key facts
- UK ministers have scrapped plans to slash the number of jury trials in England and Wales.
- The proposals would have replaced jury trials with judge-only decisions for certain cases.
- Justice Secretary Alex Norris cited the complexity of implementing judge-only trials as a reason for the U-turn.
- The government will still consider judge-only trials for a small number of lengthy and technical fraud cases.
- The right of defendants charged with 'either way' offenses to choose a jury trial will be removed, with magistrates making the decision.
- Magistrates' sentencing powers will increase from 12 months to 18 months, with an option to extend to two years.
Ministers in the UK have abandoned controversial plans to significantly reduce the number of jury trials in England and Wales, a move that had drawn strong criticism from legal professionals. The proposals, initially introduced by former justice secretary David Lammy, aimed to tackle record backlogs in the courts by allowing judges to preside over cases alone.
Justice Secretary Alex Norris announced the U-turn, stating that implementing judge-only trials for thousands of medium-level crimes was too complicated and would have slowed down reforms. He assured that the courts backlog would still fall due to other changes and "unlimited funding" for more judges.
Under the original plans, jury trials would have been reserved for the most serious offenses, while less serious cases, with sentences of up to three years, would be decided by a judge alone. The proposals also sought to remove the right of defendants in "either way" offenses to elect a jury trial, shifting these decisions to magistrates. The planned increase in magistrates' sentencing powers from 12 months to two years was intended to accompany these changes.
While the broader plan to curb jury trials has been scrapped, the government will still consider judge-only trials for a small number of complex and lengthy fraud cases where a judge deems it appropriate. The decision to increase magistrates' sentencing powers to two years will also proceed, along with changes that remove a defendant's right to elect a Crown Court trial for "either way" offenses, with magistrates now making that decision.
Critics, including the Criminal Bar Association (CBA), welcomed the abandonment of the wider proposals, with CBA chairman Andrew Thomas KC emphasizing the importance of juries for public trust. However, concerns remain about shifting more cases to magistrates, especially given a shortage of magistrates, and the implications of increasing their sentencing powers.
