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03 December 2025
Issue: 8142 / Categories: Legal News , Criminal
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Lammy's overhaul of jury trials 'goes too far', say lawyers

Criminal defence lawyers have expressed dismay at the Lord Chancellor David Lammy’s plans to reduce the backlog by scaling back jury trials to murder, rape, homicide and other indictable crimes where the sentence is three years or more

Magistrates’ sentencing powers will be increased from one year to 18 months, and could be extended to 24 months if necessary.

Lammy’s plans, delivered in Parliament this week, build on Sir Brian Leveson’s Independent Review of the Criminal Courts. While Sir Brian proposed an extra court tier where a judge sits alongside two magistrates, Lammy plans to introduce a judge-only ‘swift’ court.

Law Society vice president Brett Dixon said the government’s proposals ‘go too far in eroding our fundamental right to be judged by a jury of our own peers.

‘Allowing a single judge, operating in an under resourced system, to decide guilt in a serious and potentially life changing case is a dramatic departure from our shared values.’

The latest government figures for April to June 2025 showed 78,329 outstanding cases in the Crown Court and 361,027 in the magistrates’ court. Lammy told MPs the backlog is projected to rise above 100,000 cases.

However, David Corker, consultant at Corker Binning, said the government should have adopted the Canadian and Australian model in serious fraud cases of giving the accused ‘the right to choose to be tried by a judge or by a jury.

‘Defendants in complex cases in those jurisdictions predominantly opt for the former, and having done so, the outcomes attract their and the public’s confidence’.

Mark Jones, partner at Payne Hicks Beach, said: ‘Court delays stem from long-term underfunding, not juries.

‘If the government is serious about reducing the backlog, it must invest in the justice system rather than weaken a defendant’s right to elect to be judged by their peers.’

Matthew Hardcastle, partner at Kingsley Napley, said: ‘The continued “silver-bullet” and headline driven approach to change is deeply disappointing.

‘Changing some aspects of the criminal justice system will not magically solve systemic issues.’

Lammy also pledged an extra £550m over three years for specialist support services for victims and witnesses. 

Issue: 8142 / Categories: Legal News , Criminal
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NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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