Andy Burnham has withdrawn plans to introduce a new court system allowing judge-only trials, responding to growing opposition from Labour backbenchers over proposed jury reforms. The decision marks a significant retreat from legislation initially developed under Sir Keir Starmer’s leadership aimed at reforming the magistrates’ and crown courts.
The original proposal sought to address a mounting backlog in the criminal justice system by expanding the use of judge-only trials, particularly in the crown courts. However, concerns have been raised about the strain on magistrates’ courts, which are now handling more serious criminal cases amid a rapidly worsening backlog. Recent data from the Institute for Government shows that the average wait time for a magistrates’ trial has increased by 24 percent over the last year, approaching six months.
Despite Burnham’s announcement, critics warn that some aspects of the legislation could still effectively lead to judge-only trials by "the back door." The bill would allow district judges, who sit alone in magistrates’ courts, to hear more serious cases without juries. Additionally, the proposals maintain plans for certain complex fraud cases to be tried in the crown court without a jury.
The government’s plans faced significant resistance within the Labour Party, where dozens of MPs voiced concerns about limiting defendants’ access to jury trials. This internal opposition, along with pressure from legal professionals and former judges, played a role in persuading ministers to revise the bill. Burnham acknowledged the decision to scrap the more contentious elements, describing the original proposals as unworkable. He emphasized that the effort to protect access to justice and secure fair outcomes for victims and defendants would continue.
The legislation, initially introduced by David Lammy, will still move forward with substantial changes, including increasing magistrates' sentencing powers from 12 months to up to two years. The bill also removes the current right of defendants in borderline “either-way” cases to choose a jury trial, with magistrates instead deciding whether a case should be escalated to the crown court.
The revised bill is expected to return to Parliament next week, focusing on boosting magistrates' authority to alleviate a crown court backlog that currently exceeds 80,000 cases. Justice Secretary Alex Norris stated that he had listened to widespread concerns regarding the expansion of judge-alone trials in the crown court and had shifted the government’s approach accordingly.