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Britain Abandons Plan to Limit Jury Trials Amid Legal Backlash

By Drooid · · How we work

Core Decision

On Sunday, October 4, the UK government announced it will scrap the proposal to remove the historic right to a jury trial for defendants in less-serious criminal cases. The reversal, announced by Justice Secretary Alex Norris, follows sustained criticism from lawyers, bar associations and opposition politicians. The move retains judge-only hearings only for a limited set of complex fraud cases and preserves the planned increase in magistrates’ sentencing powers.

Background & Context

The reform, introduced under former Prime Minister Keir Starmer’s administration and championed by Justice Minister David Lammy, aimed to shift “either-way” offences—those with a likely custodial sentence of up to three years—from Crown Court juries to single-judge hearings to ease a growing court backlog. The proposal was based on a review by retired judge Sir Brian Leveson.

Prime Minister Andy Burnham inherited a criminal-justice system described by officials as strained and faced pressure to address overcrowded prisons and delayed trials.

Data & Statistics

  • Ministry of Justice figures show 80,829 Crown Court cases still awaiting trial at the end of June.
  • The backlog includes an estimated 5,500 jury trials that would have been shifted to magistrates under the original plan.
  • Proposed reforms would have increased magistrates’ maximum sentencing authority from 12 months to 18 months, with a possible extension to two years.

Official Statements & Responses

Norris explained that abandoning the wide-scale shift to judge-alone trials would allow the government to act more quickly without the structural changes required for a new bench division. It also confirmed that the increase in magistrates’ sentencing powers will proceed as planned.

Victims’ commissioner Claire Waxman expressed concern that the revised approach may not be sufficient to meet the challenge of delivering faster justice for victims.

Criticism & Opposition

  • Kirsty Brimelow, chair of the Bar Council of England and Wales, argued that expanding magistrates’ powers while their own courts face record backlogs could be counterproductive.
  • Mark Evans, president of the Law Society of England and Wales, welcomed the reversal but cautioned that shifting more cases to magistrates without additional capacity risks “serious cases facing summary justice.”
  • Liberal Democrat justice spokesperson Jess Brown-Fuller called for “doubling sitting time in courtrooms” and specialist courts for rape and serious sexual offences.
  • Green MP Siân Berry described the original plan as “profoundly disturbing” and a concession to pressure from other parties.

Conflicting Reports & Gaps

Sources differ on the exact size of the Crown Court backlog: the Ministry of Justice reports 80,829 pending cases, while other outlets reference nearly 81,000. No definitive figure has been confirmed by an independent audit. The impact of retaining judge-only trials for complex fraud on overall case duration remains unquantified.

Verbatim Quotes

  • “I have heard the strength of feeling on the proposals for increasing the number of judge-alone trials in the Crown Court and have made the decision to change course,” — Justice Secretary Alex Norris

What’s Next

The government has indicated that the retained judge-only provisions and increased magistrates’ sentencing powers will be implemented in the coming months. No specific timetable for additional investment in court infrastructure or legal aid has been announced.