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06 February 2026 / Janet Carter
Issue: 8148 / Categories: Features , In Court , Criminal
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Maintaining Magna Carta

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Janet Carter sets out how to retain ‘judgment by peers’ for all trials with a new plan

  • The government’s plan aims to bring about fair and faster justice for defendants and victims.
  • This article proposes using a specialist magistrates’ trial panel to slash the queue to enable faster jury trial for offences above 18 months’ custody.

With its plan to modernise the criminal courts and cut delays, the government’s end game is to reduce the court backlog and enable fair and faster justice for defendants and victims. Many of us desperately want to achieve this by retaining Magna Carta’s ‘judgment by peers’ by using juries and magistrates for all trials, alongside an increased efficiency in using every courtroom, every day. We can do this, but the plan needs to change.

Shortage of magistrates

One of the proposals in the plan is to maintain trial by peers by sitting two lay magistrates with a judge in an intermediate ‘swift court’ for cases between 18 months and 3 years. However, there

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NEWS
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A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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