MoJ considering ‘extreme’ proposal to scrap jury trials for all but the most serious cases | Law

Radical proposals drawn up by David Lammy are set to abolish jury trials for all but the most serious crimes such as rape, murder and manslaughter.

In proposals that sparked sharp reaction from senior lawyers, he said they would not reduce the court backlog and could “destroy justice as we know it”, with the Justice Secretary proposing that juries would only adjudicate on public interest offences, which carry a prison sentence of more than five years.

He has suggested that trials for other serious crimes punishable by up to five years would be presided over by a single judge, removing thousands of defendants’ ancient right to a trial before a jury.

The Justice Ministry said no final decision had been taken by the government, but sources confirmed that proposals had been circulated throughout Whitehall in preparation for an announcement in the new year.

Lammy’s proposals, which create a new tier of court in which most criminal offenses would be heard by judges alone, go further than the recommendations of Sir Brian Leveson, who was appointed to review the criminal courts and reported in July. And they also went further than Courts Minister Sarah Sackman’s interview with the Guardian last week, where she introduced a plan to stop criminals “gaming the system”.

An MOJ document circulated in Whitehall earlier this month revealed crown courts are facing record backlogs, with more than 78,000 cases waiting to be completed.

Leveson recommended that the government abolish jury trials for many serious crimes, which could be dealt with by a judge alone or two magistrates sitting together. The former judge suggested he would preside over a new intermediate tier of the criminal court, called the Crown Court Bench Division (CCBD).

The Deputy Prime Minister’s decision, according to the leaked MoJ document, is to “go further than Sir Brian to achieve maximum impact”.

The document, first revealed by the BBC, said Lammy “wants to introduce trials by a judge alone for cases involving fraud and financial crimes – if the judge considers the case to be suitably technical and lengthy. Rape, murder, manslaughter and exclusion for the public interest”.

The document states that the CCBD will be “introduced as a lower tier of the Crown Court which hears cases likely to result in a sentence of up to five years by a judge alone”.

This means that, while jury trials will be guaranteed for murder, manslaughter and rape, almost all other defendants facing serious crimes will be tried by a judge alone.

The document was circulated among ministers as part of the writing round, when ministers get final signatures from other government departments before going public with a policy.

Mark Evans, chairman of the Law Society of England and Wales, which represents thousands of solicitors, said the proposals were an “extreme measure” that went “far beyond” the Leveson recommendations.

“This is a fundamental change in the way our criminal justice system operates and it goes much further. Our society’s concept of justice is based on general participation in determining a person’s guilt or innocence.

“We have seen no real evidence that expanding the types of cases heard by a single judge will help reduce the backlog,” he said.

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Riel Carmy-Jones Casey, chairman of the Criminal Bar Association, which represents criminal barristers, said: “What they propose will not work – it is not the magic pill they promise.

“The consequences of their actions will be to destroy the criminal justice system that has been the pride of this country for centuries, and to destroy justice as we know it.

“Juries are not the cause of the backlog. The cause is the systematic underfunding and neglect that has occurred by this government and its predecessors.”

The proposals represent a U-turn on Lammy’s previous views. In a social media comment posted five years ago, he said: “Trials are a fundamental part of our democratic compromise. Criminal trials without a jury are a bad idea.”

An MoJ spokesperson said: “No final decision has been taken by the Government. We have been clear that there is a crisis in the courts, causing pain and suffering to victims – 78,000 cases are pending and rising – that will require bold action to fix.”

Conservative leader Kemi Badenoch also criticized the plans. She said: “This is a short-term decision that jeopardizes fairness, undermines public trust and undermines the foundation of our justice system.”

Lib Dem justice spokesperson Jess Brown-Fuller also described the reports as “absolutely outrageous” and accused ministers of dismantling the justice system and failing victims.