header-logo header-logo

06 February 2026 / Janet Carter
Issue: 8148 / Categories: Features , In Court , Criminal
printer mail-detail

Maintaining Magna Carta

241900

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Sophie Fulwell

Freeths—Sophie Fulwell

National firm strengthens Liverpool employment practice with director hire

Cargo Law—Francesca Santoro

Cargo Law—Francesca Santoro

Specialist marine law firm expands disputes practice with senior hire

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
back-to-top-scroll