The British government has abandoned plans to reduce the use of jury trials in less serious criminal cases, reversing a policy introduced under the previous administration. Justice Secretary Alex Norris announced the decision following widespread criticism from legal professionals and politicians concerned about the implications for defendants’ rights and the criminal justice system.
The original proposal sought to limit jury trials for offenses likely to result in sentences of less than three years. This move was aimed at addressing a growing backlog in Crown Court cases, which reached nearly 81,000 awaiting trial by jury in England and Wales by the end of June—almost double the figure recorded in 2020. Supporters argued that shortening trials through judge-alone hearings would speed up the justice process and reduce delays, which often leave victims and defendants waiting for extended periods.
However, the plan faced strong opposition from the legal community, including the Criminal Bar Association (CBA) and the Bar Council. Critics contended that restricting the right to a jury trial undermined a core element of the British legal tradition and fundamental rights for defendants. Andrew Thomas, chair of the CBA, praised the government for reconsidering the proposals but cautioned that significant threats to the jury trial system remain. Similarly, Kirsty Brimelow, chair of the Bar Council, warned that increasing magistrates’ sentencing powers—another element of the justice reforms—could exacerbate court backlogs rather than alleviate them.
The controversial strategy to expand judge-alone trials had been advocated by former Justice Minister David Lammy, who argued that it would deliver swifter justice. Yet many in the legal profession attributed the delays more to years of underfunding and systemic neglect than the volume of jury trials themselves. Concerns were also raised by senior members of the judiciary regarding security issues for judges if more cases proceeded without juries.
While the government has dropped plans to broadly curtail jury trials, it will continue with proposals to allow certain complex fraud cases to be tried by a judge alone. This measure aims to avoid the challenges of assembling juries for prolonged and intricate cases, although a recent government-commissioned review recommended against expanding this approach.
The government’s announcement comes amid broader efforts to ease pressures on the criminal justice system, including the early release of hundreds of prisoners to prevent prison overcrowding. As the justice system grapples with significant backlogs and resource constraints, the debate over how best to balance efficiency with fundamental legal protections remains ongoing.
