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05 December 2025 / Dr Graham Zellick CBE KC FAcSS
Issue: 8142 / Categories: Opinion , Criminal , Constitutional law
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Jury trials: the case of the straw man

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Professor Graham Zellick KC considers what it means to say there is no right to trial by jury

David Lammy MP, the Lord Chancellor and Secretary of State for Justice (pictured), is proposing a major reduction in jury trials, and in doing so has adopted the mantra that there is no right to jury trial, which features prominently in Sir Brian Leveson’s recent report on the criminal courts.

Sir Brian, a former President of the Queen’s Bench Division and Lord Justice of Appeal, writes:

‘Most often, the resistance to reforming the right to elect [trial by jury] has centred on whether a defendant has a constitutional “right” to a jury. I make clear my position that there is no… constitutional or common law right to a trial by jury, with the result that there is no basis for this to limit any approach to necessary reform. It is on this premise that I proceed with my subsequent recommendations [on removing and limiting jury trials]’

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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