British Justice Minister unveils ‘sweeping’ court reforms

LONDON – Britain’s Justice Minister on Dec 2 unveiled a “once in a generation” package of reforms to tackle an “emergency” in the court system, including plans to scale back jury trials in England and Wales.

The changes are “desperately needed” to prevent a “collapse” of “trust” in the backlogged criminal courts, Justice Minister David Lammy told Parliament.

The government says the backlog of outstanding criminal cases is set to reach 100,000 by 2028 unless “urgent action” is taken.

Among the main changes is the creation of “new swift courts” within the criminal justice system where a judge alone will decide the verdict instead of juries for cases which face a sentence of up to three years.

Currently, more minor offences are generally tried by magistrates in England and Wales, while more serious cases are heard by a judge and jury in crown courts.

Mr Lammy also announced an end to the choice some defendants have to opt for a jury trial, saying the change would prevent defendants from “gaming the system” by delaying the process.

“Our world-leading judges should hear the most serious cases, and... they and the magistrate should decide where a case is heard,” he added.

Mr Lammy said the changes should only affect about a quarter of crown court cases, and also announced that the sentencing powers of magistrates’ courts would be increased in order to ease the burden on crown courts.

“These reforms are bold, but they are necessary,” said Mr Lammy, insisting that “jury trials will continue to be the cornerstone of the most serious offences”, including rape, murder, manslaughter and other violent crimes.

“Juries will always be central to our criminal justice system... but it is right that these are always focused on the most serious cases,” British Prime Minister Keir Starmer’s spokesperson said.

The changes could take “several years” to come into effect, according to the government.

‘Fundamental right’

Backlogs of criminal cases in the courts reached record levels during Covid, as trials were postponed.

But lawyers have long complained about years of under-funding of the courts system, from the upkeep of buildings to financial support for defendants on lower incomes.

The opposition Conservatives’ justice spokesman Robert Jenrick said the reforms will be the “beginning of the end of jury trials”.

Various leaks of the proposed measures reported in recent days had prompted concern from the public and those in legal professions that the changes could restrict the historic right to a jury trial in England and Wales, the principle of which dates back to Magna Carta in 1215.

The changes do not apply to Scotland or Northern Ireland, which have separate but broadly similar legal systems.

More than 100 lawyers wrote to the Justice Ministry last week expressing concerns.

“The right to a jury trial is one of the most fundamental rights in the English Constitution,” Mr Tyrone Steele from the JUSTICE legal reform charity told AFP, adding that polling showed it was one of the most “trusted” parts of the legal system.

Mr Steele said the proposed changes were “wrong” in principle, and would fail to slash the backlog.

“It is right that we take measures to address this (backlog), but curtailing jury trial rights is not the solution. Instead, what we need to look at is ways of investing in the system,” said Mr Steele.

Some victims are currently waiting up to four years for “their day in court”, and more than 10 per cent of adult rape cases are stopped because a victim withdraws from the process, according to the Justice Ministry.

It said the reforms would create “faster routes for lower-level cases” and free up courts so the most serious crimes are heard “swiftly and fairly”.

Mr Lammy also pledged £550 million (S$942 million) in additional funding over three years to boost support services helping victims and witnesses through the justice process.

Other measures include financially supporting training lawyers to become fully-fledged criminal barristers, with a focus on encouraging “young people from across society” to participate. AFP