Jury trials to be scrapped in some cases to try and ease court backlogs
Justice Secretary David Lammy's also announced setting up so-called “swift courts” in England and Wales
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”.
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 currently is 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.
Recommendations made to reform the court system
Mr Lammy gave the Government’s response to recommendations made by Sir Brian Leveson in July to reform the courts system and tackle the backlog, which include diverting more offences to magistrates’ courts or to a new intermediate court where a judge would hear cases with two lay magistrates.
The former senior judge called for juries to be reserved to hear the most serious cases, of “indictable-only” such as murder, rape and manslaughter, and lesser “either way” offences when a judge deems it appropriate.
He also called for judge-only trials to be used in serious and complex fraud cases, or other complex cases determined by a judge.
What did David Lammy announce in the Commons?
Announcing his criminal court reform in the Commons, Mr Lammy said: “I will create new swift courts within the crown court with a judge alone deciding verdicts in trial of either way cases with a likely sentence of three years or less as Sir Brian (Leveson) recommends.
“Sir Brian estimates that they will deliver justice at least 20% faster than jury trials, and whilst jury deliberations remain confidential, judges provide reasoning for their verdicts in open courts, so this will hardwire transparency in our new approach.”
In a statement to the Commons, Mr Lammy, who is also the Deputy Prime Minister, said: “Sir Brian also proposes restricting defendants’ right to elect for jury trials, a practice not found widely in other common law jurisdictions. And, let’s be honest, it’s a peculiar way to run a public service.
“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.
"It will take years to fix"
The courts system “will take years to fix”, David Lammy said, as he described the reforms as “bold but they’re necessary”.
The Justice Secretary said: “I’m clear that jury trials will continue to be the cornerstone of the system for the most serious offences, those likely to receive a sentence over three years, and all indictable-only offences. Among others, this would include rape, murder, manslaughter, grievous bodily harm, robbery and arson with intent to kill.”
He added: “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.
“But we are pulling every possible lever to move to in a positive direction and my ambition for the backlog to start coming down by the end of this Parliament remains.”