Full Breakdown
Burnham Government Reverses Plan to Expand Judge-Alone Trials
By Drooid · · How we work
Core Decision: Scrapping the Proposed Shift from Jury Trials
Prime Minister Andy Burnham announced a reversal of the Labour-led reforms that would have allowed Crown Court judges to decide many “either-way” offences without a jury. Justice Secretary Alex Norris said he “changed course” after hearing the “strength of feeling” from legal professionals and the public. Under the revised approach, only complex fraud and financial offences will be heard by a judge alone; all other cases will continue to be tried by juries or remain in magistrates’ courts.
Background & Context
The original proposals were introduced by former Justice Secretary David Lammy in December 2023, following a review by retired judge Sir Brian Leveson. Lammy argued that reserving jury trials for the most serious “indictable-only” offences would help reduce a growing court backlog. The plan would have required defendants in many “either-way” offences with potential sentences under three years to forfeit their right to request a Crown Court jury trial, shifting those cases to magistrates’ courts.
Data on the Court Backlog
- Ministry of Justice figures show 80,829 criminal cases remained pending at the end of June, a near-doubling of the backlog since 2020.
- The government had projected the backlog could reach 100,000 cases before the next general election and potentially double by 2035 if unaddressed.
- Andrew Thomas KC, chairman of the Criminal Bar Association, warned that the abandoned proposal would have moved 25,000 cases a year—including 5,500 jury trials—into magistrates’ courts, many involving serious assaults, sexual offences and child abuse.
Official Statements & Responses
Justice Secretary Alex Norris emphasized that scrapping the judge-alone expansion would allow the government to tackle the backlog more quickly, citing “record investment” and a commitment to “maximising efficiencies” in the criminal-justice system. He reiterated that “justice delayed is justice denied” and pledged continued structural reform.
Law Society of England and Wales president Mark Evans welcomed the decision, noting that the previous reforms risked “fairness and public trust” and that the backlog remains “unacceptably high.”
Criticism & Opposition
The Criminal Bar Association, represented by Andrew Thomas KC, described the original plan as a “car crash” for volunteer magistrates, who lack the resources to manage complex, multi-day trials.
The Law Society’s Mark Evans warned that increasing the magistrates’ caseload could exacerbate existing delays, while the Victims’ Commissioner highlighted the risk to victims’ confidence in the system.
Liberal Democrat justice spokesperson Jess Brown-Fuller called the original proposal “profoundly disturbing” and urged adoption of policies to double courtroom sitting time and create specialist courts for rape and serious sexual offences.
Green MP Siân Berry framed the U-turn as a “victory for justice and fairness,” criticizing Labour’s earlier push to limit jury trials.
Verbatim Quotes
- “This is a major victory for everyone who fought to defend trial by jury, and Conservatives led that fight from day one. Labour have been forced to abandon its central attack on jury trials in the Crown Court.” — Nick Timothy, shadow justice secretary
- “Labour are restricting juries by the back door, scrapping the right to elect one and dumping those cases on magistrates whose backlog is at a record high.” — Mark Evans
What’s Next
The revised measures will be incorporated into the Courts and Tribunals Bill, due back in Parliament later this month. Stakeholders await detailed implementation plans to assess whether the changes will effectively reduce the backlog without compromising the right to a jury trial.