Criminals are ‘playing the system’ and choosing trial by jury to have more time on bail, says Justice Secretary

Speaking with Nick Ferrari at Breakfast, David 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".

It comes as the justice secretary is set to announce plans to scrap jury trials for either-way cases - cases that aren't categorised as the most serious crimes - including assaults and burglaries in a bid to tackle the massive crown court backlog.

David Lammy, who is also Deputy Prime Minister, will lay out reforms to overhaul the system on Tuesday, amid suggestions reforms will see jury trials reserved for the most serious offences such as rape and murder.

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Outlining a narrowed range of cases that could now face a jury trial, Mr Lammy explained: "We are reserving cases of above three years for our crown court".

"We've seen - some of those people are playing the system," he said, referencing criminals who are out on bail and opting for jury trials in a bid to prolong their freedom.

"They're doing that to spend more time on bail - effectively to spend more time with loved ones," he told LBC.

It comes as figures revealed that around 20% of magistrates courts remain empty around the country despite the sizeable backlog of cases.

"There's been a lot of scaremongering," Mr Lammy told LBC on the subject of scrapping juries for a range of cases, but admitted "there's no magic silver bullet".

Instead, the justice secretary insisted that a state funded pupilage scheme could be the way forward, encouraging more trainees to go into criminal law in a. bid "to fill those courts"

"Serious crimes need serious consequences that could lead to serious time," he insisted, adding: "we don't want those cases backed up in the system".

He will also announce the Ministry of Justice (MoJ) will hand more support to victims in efforts to reform Britain's under-pressure court system.

The move to give victims the “swift justice they deserve” comes amid a record-high backlog of crown court cases totalling more than 78,000, and trials listed as far as 2030.

Ministers have warned the backlog could rise to 100,000 by 2028 if nothing is done, with a growing number of victims giving up on seeking justice because of the lengthy delays.

In an earlier statement, Mr Lammy said: “Today I am calling time on the courts emergency that has left victims of the most serious crimes waiting years for justice and pushed the justice system to the brink of collapse.

“For many victims, justice delayed is often justice denied," he continued.

“Some give up on the process, while others have no confidence justice will be served if they report a crime, and perpetrators never held to account.

“This simply cannot go on – we must be bold.

“I will set out a fast and fair justice plan that gives victims and survivors the swift justice they deserve.”

Mr Lammy will reveal 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.

In an interview with The Times, Mr Lammy insisted he was not preparing to announce the “scrapping” of jury trials.

But suggested he would back Sir Brian’s proposals to limit them to indictable-only offences, arguing that many defendants were “playing the system” by delaying guilty pleas in either-way cases to the last minute.

He said: “This is about saving the jury system.”

The Justice Secretary is expected to set out plans to boost control for judges on how to handle cases, and create faster routes for lower-level cases like in Canada, which has judge-only trials and where courts minister Sarah Sackman KC visited last month.

Proposals to curb jury trials have faced opposition from MPs and legal professionals, including from the Criminal Bar Association and the Bar Council, which argued “there is no need to curtail the right to a trial by jury – from both a principle and practical position”.

Reports of Mr Lammy considering restricting jury trials further than Sir Brian’s recommendations have also faced backlash as an “extreme measure” by the Law Society of England and Wales, which has not seen any “real evidence” it will work to reduce the backlog.

Shadow justice secretary Robert Jenrick accused Mr Lammy of abandoning his principles while in Government having previously defended juries.

“This year alone 21,000 court sitting days have been missed and the court backlog is up 10% on their watch,” he said.

“Instead of depriving British citizens of ancient liberties, David Lammy should get his own department in order.”

According to the Ministry of Justice (MoJ) nearly half of the cases in the backlog are over violent and sexual offences, and only about 3 per cent of criminal cases are currently heard with a judge and a jury.

As part of the announcement, £550 million will also be given to victim support services over the next three years to help survivors and witnesses through the justice process, such as through counselling and advice on attending court.

The late victims’ commissioner Baroness Helen Newlove had repeatedly raised concerns over victims’ services, and said in October that “support can be the difference between a victim staying engaged or walking away from the justice process”.

An annual survey of victims by the watchdog found less than half of respondents were confident the criminal justice system is effective or that they could get justice by reporting a crime.

Incoming victims’ commissioner Claire Waxman, who will take up the role in the new year, welcomed the MoJ funding as a “necessary step”, but added: “The sums pledged are not a silver bullet for the wider crisis facing the sector.”

“Ultimately, these services are crucial to a victim’s recovery – and they will be just as essential to the recovery of the justice system as a whole,” she said.

Former Law Society president Richard Atkinson said the extra funding was welcome but “only papers over the cracks and doesn’t address the fundamental problems”.

Elsewhere, Mr Lammy has committed to more sitting days in the crown court on top of a record number to help clear the backlog and a match-fund scheme to support more young people to begin their careers as criminal barristers.

Ahead of the full details for reform, Magistrates’ Association chief executive Tom Franklin said measures that can speed up justice for victims, witnesses and defendants are “worth considering – as long as they balance the efficiency with quality of justice”.

He said the independent body will be looking for more details on how changes will be brought for magistrates’ courts in Tuesday’s announcement, adding: “To bring down the huge backlog in the crown courts, all parts of the courts system need to be resourced and supported, including the magistrates’ courts, which barely merit a mention in this morning’s announcement.”