header-logo header-logo

06 February 2026
Issue: 8148 / Categories: Legal News , In Court , Criminal
printer mail-detail

NLJ this week: Magna Carta—without the backlog

241900
Can ‘judgment by peers’ survive court modernisation? In NLJ this week, Janet Carter, retired barrister and HM Courts & Tribunals Service legal training manager, sets out a radical alternative to the government’s plan for ‘swift courts’

With magistrate shortages already acute, Carter argues that proposals to expand lay participation risk collapse. Instead, she suggests a specialist ‘trial-only’ magistrates’ panel to handle cases up to 18 months’ custody, freeing the Crown Court for more serious trials. The numbers are stark: nearly half of custodial sentences fall within that bracket.

Her model would widen recruitment, cut training burdens and slash delays, all while preserving peer judgment. Creating an intermediate court with judges sitting alone, she warns, would be ‘controversial and unnecessary’.

The prize is faster justice for victims and defendants alike—without abandoning the constitutional principle that trials should be decided by the community, not sidelined by systemic gridlock.

Issue: 8148 / Categories: Legal News , In Court , Criminal
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll