Jury trials scrapped for crimes with sentences of less than three years
Speaking to LBC, Mr Lammy said juries form the "cornerstone" of our court system but insisted he wants to "bring the backlog down" amid lengthy delays
Justice Secretary David Lammy has announced the abolition of jury trials for cases that could have a likely sentence of three years or less, by will create new “swift courts”.
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Mr Lammy said the new system would get cases dealt with a fifth faster than jury trials.
He said it was necessary as with current projections, case loads will reach 100,000 by 2028.
“Investment is not enough,” he said.
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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.”
This move will prevent defendants from “gaming the system” to get more time on bail, Mr Lammy said.
The Deputy PM added: “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.
“I will limit appeals from the magistrates’ court so that they are only allowed on points of law to prevent justice being delayed further.“Alongside these changes, we will increase magistrates’ court sentencing powers to 18 months, so they can take a greater proportion of lower level offending and relieve pressure on the Crown Court.
“I would also take power to extend that to two years, should it become necessary to leave further pressure. And when it comes to exceptionally technical and lengthy fraud and financial trials, judges will be able to sit without a jury where appropriate.”
Reacting to the announcement, Sir Brian said: “In more than fifty years working in the criminal justice system, I have never seen pressure on the courts at such an unacceptable level. The rising backlog in the Crown Court means victims, witnesses and defendants are waiting months, sometimes years, for cases to come to trial – unable to move on with their lives. It is no exaggeration to say that the system stands on the brink of collapse.
“The evidence is clear that more sitting days and greater efficiency will not rescue the position on their own: at present, the number of outstanding cases is growing at a faster pace than the system can dispose of them and there is already a shortage of judges, lawyers and court officials to staff any increased sitting days. There is no silver bullet. The recommendations I put forward represented a package of reforms designed to transform our courts into a system that can provide appropriate and fair decision-making in a timely fashion. How otherwise can we restore the position so that justice is not delayed for years?
“I agree that system-wide inefficiency is undermining the ability of the criminal court to function, exacerbating the strain caused by the demanding case load.
"Part Two of my Review will set out how the system can confront the deep-rooted operational issues that have been allowed to persist. It will examine measures to overhaul governance, strengthen collaboration between agencies, reform case management in the courts, and harness smarter technology to drive meaningful change across the criminal justice system.
"These improvements are part of the package but I repeat they would not, on their own, be sufficient to change the overall position.”
Speaking to LBC earlier on Tuesday, Mr Lammy said juries form the "cornerstone" of our court system but insisted he wants to "bring the backlog down" amid lengthy delays.
"I'm absolutely clear, juries are important, they will always be important," Mr Lammy told Nick, adding that the fundamental issue remains that "we need to recruit more magistrates".
These reforms will be the “beginning of the end of jury trials”, the Conservatives have said.
Shadow justice secretary Robert Jenrick accused David Lammy of “scrapping the institution he once lauded”.
He told the Commons: “Why on earth does this Justice Secretary think he has a mandate to rip up centuries of jury trials without even a mention of it in his party’s manifesto?
“In his twisted logic, he says he’s scrapping juries to save them, but be in no doubt, if the Justice Secretary gets away with this, it is the beginning of the end of jury trials.”
Mr Jenrick added that it had been 800 years since the Magna Carta and we have “another unpopular leader who doesn’t listen to his subjects”.
He said: “Our ancestors did not stop bad King John only to be undone 800 years later by this Prime Minister and his court jester.”