Lammy U-turn: Proposes axing 75% of jury trials he once defended

Justice Secretary David Lammy proposes restricting jury trials to serious crimes only (Symbolic image - AI generated) Upday Stock Images

Justice Secretary David Lammy has proposed a radical overhaul of Britain's criminal justice system that would restrict jury trials to only the most serious crimes. Under the plans, juries would decide only murder, rape, manslaughter, or cases passing a public interest test—affecting approximately 75 per cent of current jury trials.

The proposals would create a new "Crown Court Bench Division" where judges alone would hear cases involving defendants facing sentences up to five years. The changes go beyond recommendations made by retired Court of Appeal judge Sir Brian Leveson in July, who suggested judge-alone trials for cases with sentences up to three years.

In a confidential memo seen by The Times, Lammy asserted there is «no right» to jury trials in the UK and called for drastic action to address the crisis. The Ministry of Justice confirmed that legislation could be introduced to Parliament in early 2026 if the proposals receive cabinet approval.

Record backlog drives reform push

Crown Courts across England and Wales currently face a backlog of 78,000 cases, projected to exceed 100,000 without intervention. Suspects charged with serious crimes today may not face trial until late 2029 or early 2030. Victims of serious sexual assault face four-year waits.

A Ministry of Justice spokesperson stated: «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.» The department added that «No final decision has been taken by government.»

Government sources told The Mirror the changes aim to expedite case processing and provide quicker justice for victims.

Legal profession sounds alarm

The proposals have triggered fierce resistance from legal organizations. Riel Karmy-Jones KC, chair of the Criminal Bar Association, warned the plans would destroy «a fundamental feature of the British constitution, and the British justice system, for over 800 years».

She argued: «What they propose simply won't work - it is not the magic pill that they promise.» Karmy-Jones added: «The consequences of their actions will be to destroy a criminal justice system that has been the pride of this country for centuries, and to destroy justice as we know it.»

The Criminal Bar Association stated the plans would «eviscerate the jury trial as we know it». Karmy-Jones emphasized: «Juries are not the cause of the backlog. The cause is the systematic underfunding and neglect that has been perpetrated by this government and its predecessors for years.»

Barbara Mills KC, chair of the Bar Council, stated: «The criminal justice system is not in this crisis because of jury trials. Removing the right to jury trial and introducing a new intermediate court has not been piloted or thoroughly modelled with there being little evidence that it will significantly reduce the Crown Court backlog.»

She called for efficiency reforms to be tested first: «The focus should be on fixing the swathe of inefficiencies plaguing the system, which could be resolved and make a real difference now. The government should first test whether efficiency reforms would make a difference before making any major constitutional change.»

Historical precedent under threat

Jury trials were implemented in England by King Henry II in the 12th century, gradually replacing trial by ordeal. By 1215, they became an explicit right under King John's Magna Carta.

Senior criminal justice figures have warned the reforms could lead to «star chamber» justice—a reference to the controversial court that operated between the 15th and 17th centuries where judges heard cases without juries.

Conservative leader Kemi Badenoch stated the move «risks fairness, undermines public trust and erodes the very foundation of our justice system».

Lammy's reversal on jury trials

The proposals create an awkward moment for Lammy, who strongly defended jury trials as Shadow Justice Secretary in 2020. He wrote on X: «Jury trials are a fundamental part of our democratic settlement. Criminal trials without juries are a bad idea,»

At the time, Lammy urged: «The Government need to pull their finger out and acquire empty public buildings across the country to make sure these can happen in a way that is safe,»

The Criminal Bar Association noted: «Once that trust disappears, fears of tyrannical governments increase and the faith in justice evaporates for good.»

Note: This article was created with Artificial Intelligence (AI).