The Starmer government is considering scrapping juries following proposals in Sir Brian Leveson’s report commissioned by the Labour party last year.
The Senior judge’s radical proposals are allegedly aimed at clearing the huge backlog in crown courts across England and Wales
So thousands of defendants in England and Wales could lose the right to a jury trial under plans designed to save the criminal justice system from collapse.
BBC reports: Sir Brian Leveson was asked by the Lord Chancellor to come up with a series of proposals to reduce the backlog of cases in the criminal courts.
There are almost 77,000 cases waiting for trial in the Crown Court in England and Wales – meaning some defendants and victims are waiting years for justice.
After reviewing the state of the criminal courts, Sir Brian suggested “fundamental” reforms to “reduce the risk of total system collapse”. But some barristers argue juries are essential for fair justice – and scrapping them is wrong.
To fix what he calls a broken system, Sir Brian has suggested having judge-only trials for certain cases such as fraud and bribery.
Another recommendation involves having more out of court resolutions like cautions.
He wants a new division of the Crown Court with two magistrates and a judge to handle less serious offences, and to increase the number of sentence reductions for guilty pleas at the first opportunity offered.
This is all about shortening the process in the hope of cutting the big backlog.
“Our criminal justice system stands at a critical juncture,” said Sir Brian who was requested to look into the matter in December last year.
Challenged on BBC Breakfast whether the right to a jury trial in the UK was a basic right, Sir Brian said: “You say it’s a basic right – your right is your right to a fair trial.
“One of the consequences of the delay is victims, witnesses and indeed defendants are kept waiting for years and years and can’t move on with their lives. Something has got to be done to try and address that.
“If we don’t do something very dramatic, these cases will get longer and longer delayed.”
Sir Brian added: “These are not small tweaks but fundamental changes that will seek to make the system fit for the 21st century.”
The proposals would mean more cases will be heard in the magistrates’ courts, with jury trials reserved for the most serious cases.
Either-way offences – those which can be heard in a Crown Court or a magistrates court – with a maximum custodial sentence of two years or less, such as possession of drugs, bike theft and voyeurism, could face lower penalties of 12 months imprisonment or less.
Defendants in cases for offences including assault of an emergency worker, stalking and possessing an indecent photograph of a child would also no longer be able to choose a jury trial.
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