Juries to be scrapped in thousand of cases, David Lammy confirms

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The justice secretary has announced sweeping reforms to the courts system including limiting the right to a jury trial

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David Lammy has announced the creation of new “swift courts” which will see a judge decide verdicts in thousands of cases.

The justice secretary announced sweeping reforms to the criminal court system, including scrapping juries in cases that could have a likely sentence of three years or less.

Mr Lammy, who is also the deputy prime minister, stressed that juries remain "fundamental" as he outlined plans curb their use in a bid to tackle the backlog in the courts.

But he told MPs that a clog up in the system meant that there is a crisis of confidence in the justice system and was accepting recommendations on limiting the right to a jury trial in recommendations in a review of the system by retired judge Sir Brian Leveson.

Announcing his criminal court reform in the Commons, Mr Lammy said: "I will create new swift courts within the crown court with a judge alone deciding verdicts in trial of either way cases with a likely sentence of three years or less as Sir Brian (Leveson) recommends.

"Sir Brian [Leveson] estimates that they will deliver justice at least 20 per cent faster than jury trials, and whilst jury deliberations remain confidential, judges provide reasoning for their verdicts in open courts, so this will hardwire transparency in our new approach."

Mr Lammy said the new system would get cases dealt with a fifth faster than jury trials. He said it was necessary as with current projections, case loads will reach 100,000 by 2028.

"Investment is not enough," he said.

But responding to Mr Lammy, shadow justice secretary Robert Jenrick accused him of “twisted logic” and pointed out that he himself had opposed removing the right to a jury trial.

He accused him of “ripping up Magna Carta” and of abandoning his principles while in government having previously defended juries.

"This year alone 21,000 court sitting days have been missed and the court backlog is up 10 per cent on their watch," he said.

"Instead of depriving British citizens of ancient liberties, David Lammy should get his own department in order."

According to the Ministry of Justice (MoJ) nearly half of the cases in the backlog are over violent and sexual offences, and only about 3 per cent of criminal cases are currently heard with a judge and a jury.

As part of the announcement, £550 million will also be given to victim support services over the next three years to help survivors and witnesses through the justice process, such as through counselling and advice on attending court.

The late victims' commissioner Baroness Helen Newlove had repeatedly raised concerns over victims' services, and said in October that "support can be the difference between a victim staying engaged or walking away from the justice process".

An annual survey of victims by the watchdog found less than half of respondents were confident the criminal justice system is effective or that they could get justice by reporting a crime.

Incoming victims' commissioner Claire Waxman, who will take up the role in the new year, welcomed the MoJ funding as a "necessary step", but added: "The sums pledged are not a silver bullet for the wider crisis facing the sector."

"Ultimately, these services are crucial to a victim's recovery - and they will be just as essential to the recovery of the justice system as a whole," she said.

Former Law Society president Richard Atkinson said the extra funding was welcome but "only papers over the cracks and doesn't address the fundamental problems".

The Bar Council has previously urged Mr Lammy not to replace juries with single judges, warning that doing so could damage public trust.

Mr Lammy also signalled he could expand magistrates' powers for them to take on more serious cases and questioned whether defendants in "either way" cases should be able to choose to have a jury trial, in a media round ahead of his announcement to Parliament.

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