Jury trials scrapped for offences carrying under three-year sentences, with cases heard by judge in new ‘swift courts’

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By Legal Cheek on

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Justice Sec confirms shake-up


Justice Secretary David Lammy MP has confirmed that jury trials will be scrapped for offences carrying sentences of less than three years, in a major overhaul of the criminal justice system aimed at tackling the enormous case backlog.

Speaking in the Commons this afternoon, Lammy confirmed that jury trials are being scrapped for offences carrying a likely sentence of under three years, with these cases instead fast-tracked through new judge-only “swift courts”.

Jury trials will still apply to the most serious and almost all indictable offences, such as rape, murder, aggravated burglary and grievous bodily harm.

The confirmation follows reports last week, based on a leaked memo between Lammy and ministers, in which he set out plans to ditch jury trials for all but the most serious offences.

Lammy, a trained barrister, said the new system will see cases handled around a fifth faster than jury trials, as the Crown Court backlog nears 80,000 cases and some trials are listed as far ahead as 2029.

Commenting on the changes, Law Society of England and Wales vice president Brett Dixon said:

“The government’s proposals go too far in eroding our fundamental right to be judged by a jury of our own peers. Sir Brian Leveson’s recommendations, including two magistrates sitting alongside a judge in the new court, retained an element of lay participation in determining a person’s guilt or innocence. The government’s proposals remove this. Allowing a single judge, operating in an under resourced system, to decide guilt in a serious and potentially life changing case is a dramatic departure from our shared values.”

7 Comments

Costs Lawyer

Sad day for justice.

Bob

Just imagine if the Tories had done this, we wouldn’t have heard the end regarding the erosion of human rights in the UK from the Labour MPs. Also, how does this square with our obligations under the ECHR?

Right Thinker

There’s plenty of offences you already do not have a right to jury trial for. Of course theres the magistrates’ dealing with over 90% of all criminal cases, but theres also Fixed Penalty Notices and other “out of court disposals”.

Article 6 ensures a right to a fair and impartial tribunal, and a process of appeal- among other things of course. As long as those basic requirements are met, there’s no higher rule saying how criminal justice must be delivered.

Lammy could probably scrap juries entirely and not be found to have breached human rights. And then of course there’s Parliamentary Sovereignty which so certainly provides that Parliament CAN violate human rights that some judges have toyed with the idea of placing “the rule of law” above Parliamentary Sovereignty specifically to avoid such a situation.

Human rights aren’t nearly as stringent as you (or indeed much of the public) believe they are

Ian

I don’t believe a reduction in the right to jury trial is a breach of article 6. I still disagree with it though.

Marky Mark

Lammy has not “confirmed” any such thing. He does not make the law and they have not even got a Bill yet, let alone passed an Act.

Mooise

Lammy said there’s no ‘right’ to a jury trial in England and Wales.

Presumably on the basis that all ‘rights’ are granted by act of Parliament and can be repealed by act of Parliament.

On that basis there is no right to life, freedom from torture, fair trial etc etc anyway.

Right Thinker

Yes, believing that rights are bestowed by the state is very eastern bloc thinking, and a large contention in the development of human rights during the Cold War.

It’s why the west should adhere to principles of natural rights, even if they are difficult to academically justify. It is more important to have a mindset of rights being inalienable to prevent fools like Lammy describing to scrap them in the name of “efficiency”.

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