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Judge-only trials could replace juries for less serious crimes as David Lammy unveils ‘bold’ plans for a Canada-inspired justice system
Amy-Clare MartinCrime Correspondent,David MaddoxTuesday 02 December 2025 00:04 GMT
open image in galleryJustice secretary David Lammy will unveil ‘bold’ criminal justice reforms (PA Wire)
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The justice secretary is expected to scrap juries for some crimes as he unveils plans for “swift justice” trials decided by judges alone.
David Lammy will lay out the most sweeping court reforms in a generation in the Commons on Tuesday, despite fears over losing the right to a trial by jury for some crimes.
Reports suggesting that measures could go as far as scrapping juries for all but the most serious crimes - such as rape and murder - were met with opposition by legal professionals.
However the deputy prime minister is expected to plough ahead with “bold” reforms to tackle the crown court backlog, which has soared to a record high of 78,000 cases, with trials listed as far as 2030.
Ministers have warned this could rise to 100,000 by 2028 if nothing is done, with a growing number of victims giving up on seeking justice because of the lengthy delays.
open image in galleryThe government will lay out plans to overhaul the justice system (PA Archive)Mr Lammy said: “Today I am calling time on the courts emergency that has left victims of the most serious crimes waiting years for justice and pushed the justice system to the brink of collapse.
“For many victims, justice delayed is often justice denied. Some give up on the process, while others have no confidence justice will be served if they report a crime, and perpetrators never held to account.
“This simply cannot go on – we must be bold. I will set out a fast and fair justice plan that gives victims and survivors the swift justice they deserve.”
Mr Lammy will reveal the government’s response to recommendations made by Sir Brian Leveson in July to reform the courts system and tackle the backlog.
Sir Brian called for more cases to be diverted to magistrates’ courts or to a new intermediate court where a judge would hear cases with two lay magistrates.
The former senior judge also called for juries to be reserved to hear the most serious cases, of “indictable-only” offences such as murder, rape and manslaughter, and lesser “either way” offences when a judge deems it appropriate.
He also called for judge-only trials to be used in serious and complex fraud cases, or other complex cases determined by a judge.
open image in galleryLammy expected to create faster routes for lower-level cases like in Canada (James Manning/PA Wire)The full details of the government’s plans are yet to be unveiled, but Mr Lammy is expected to set out proposals to boost control for judges on how to handle cases.
He is also expected to create faster routes for lower-level cases like in Canada, which has judge-only trials and where courts minister Sarah Sackman KC visited last month.
Proposals to drastically curb jury trials have faced opposition from MPs and legal professionals, including from the Criminal Bar Association and the Bar Council, which argued “there is no need to curtail the right to a trial by jury – from both a principle and practical position”.
Robert Jenrick, shadow justice secretary, accused Mr Lammy of “completely” abandoning his principles after he previously defended juries while in opposition.
“Labour have chosen to spend billions of extra pounds on benefits payments rather than funding the courts to get the backlog down,” Mr Jenrick said. “This year alone 21,000 court sitting days have been missed and the court backlog is up 10 per cent on their watch.
“Instead of depriving British citizens of ancient liberties, David Lammy should get his own Department in order.”
Reports claiming Mr Lammy is considering restricting jury trials further than Sir Brian’s recommendations faced backlash from the Law Society of England and Wales, which has said it has not seen any “real evidence” it will work to reduce the backlog.
They warned the government still has time to pull the justice system “back from the brink” ahead of the announcement, adding that Sir Brian’s recommendations were already an “uncomfortable compromise”.
“We question whether it is effective to announce these reforms before the government has seen Part II of his report, which we expect will include recommendations to drive efficiency, focusing on the court estate, technology and those that operate the system,” added their former president Richard Atkinson.
According to the Ministry of Justice 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.
open image in galleryMinisters fear the court backlog will reach 100,000 by 2028 (PA Archive)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.
Mr Lammy has also committed to more crown court sitting days and a match-fund scheme to support more young people to begin their careers as criminal barristers.
