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31 January 2025 / Charles Kuhn
Issue: 8102 / Categories: Opinion , Criminal , Procedure & practice
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Jury trials: in the dock

206026
What will be the verdict on replacing juries with an intermediate tier? Charles Kuhn examines the evidence

Following a substantial increase in Crown Court backlogs, the Ministry of Justice has floated the idea of restricting the use of jury trials and creating an ‘intermediate tier’ of court offences. The aim is to push some less serious cases, such as shoplifting and drug offences, away from a judge or jury trial to an intermediate tier, which is somewhere between a jury trial and a magistrates-only trial.

The intermediate tier would be comprised of a judge, supported by two magistrates. The purpose of this change is to make inroads into the backlogs, which currently stand at around 73,000 Crown Court cases and are predicted to reach 100,000.

Former High Court judge Sir Brian Leveson is to lead a review, aiming for completion in spring 2025. It will also look at expanding magistrates’ sentencing powers from six months to 12 months to bring about more capacity in the magistrates’ courts.

Unsurprisingly, the idea

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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