Jury trials to be scrapped for minor crimes

Jury trials for offences likely to carry a sentence of three years or less are set to be removed under new reforms, the Justice Secretary has announced.

Volunteer magistrates will take on such cases, while serious crimes – including murder, rape and robbery – will continue to be tried by a jury.

Speaking in the Commons, David Lammy said he was following the recommendations of Sir Brian Leveson, who suggested limiting jury trials for lower-level offences to reduce court delays.

Lammy added that defendants would no longer be able to choose between a jury trial and a judge-only trial in some cases, saying that “other judicial systems do not let defendants choose a jury trial, as people can do in England and Wales”.

“Today I am calling time on the courts emergency that has left victims of the most serious crimes waiting years for justice…

“The system we inherited has led to a Crown Court backlog due to hit 100,000 outstanding cases by 2028.”

He said the new “Swift Courts” system would allow cases to be processed around 20% faster, helping to tackle delays that currently see suspects waiting years for trial.

Critics raise concerns

Legal experts and civil liberties groups warned that the changes could have serious implications for justice.

The Free Speech Union highlighted that defendants facing juries are nearly twice as likely to be acquitted on free speech grounds compared with those tried without juries.

Ministry of Justice data suggests:

• Crown Court cases with juries: 21.6% acquittal rate (up to 25.8% recently)
• Magistrates’ courts: 11.4% acquittal rate (10.1% recently)
• Speech-related offences: 32.1% acquittal with juries vs 14.1% without

Mary Prior, head of 36 Crime at The 36 Group, said:

“We must stand up for our ancient liberties. Before the Ministry of Justice removes the right of the public to decide guilt, the evidence must be examined carefully. Support legal professionals working to protect the right to jury trial.”

The Law Society warned:

“Determining a person’s guilt or innocence is a collective duty – limiting jury trial so severely disregards justice as we know it. This is a complex situation that requires investment and reform across the entire criminal justice system.”

The Criminal Bar Association added that there is no clear evidence the reforms will reduce backlogs and urged the public to lobby MPs and support legal professionals defending jury trials.

What Experts Say

Critics say the backlog is caused by underfunding and staffing shortages, not the jury system itself. They warn that moving cases to judge-only trials could erode transparency, fairness, and civil liberties, particularly in cases involving speech or expression.

The government has pledged to publish a full impact assessment alongside legislation, but legal professionals insist that robust evidence, safeguards, and investment are needed before removing the public’s right to decide the outcome of thousands of criminal trials.