Lammy Unveils Sweeping Swift Justice Reforms

The justice secretary will lay out the most radical court reforms in a generation in the Commons on Tuesday, as part of efforts to tackle what he described as the “courts emergency”.

It was reported last week that the measures could go as far as scrapping juries for all but the most serious crimes – such as rape and murder – but the proposals were met with opposition by legal professionals.

Asked by Sky News on Tuesday about that move, Mr Lammy, who is also the deputy prime minister, refused to say whether he planned to go so far as to scrap juries for all but the most serious crimes.

He instead said he was looking at making changes to “either way” cases – in which a defendant is able to choose whether their case is heard in front of a jury in the crown court, or in a magistrates court.

These can include cases such as theft, burglary and drug offences.

Mr Lammy said: “There's a group of cases. They’re called triable either way cases, they’re cases where you could be sentenced up to, generally, five years in prison. And can some of those cases either be dealt with by magistrates, or can they be dealt with in a new division within the crown court. That’s what I’m looking at.”

Defending his plans, he told The Times: “I will not be standing up in parliament tomorrow and announcing that we are scrapping jury trials, which remains a fundamental part of our system, and is one of the big contributions that flow out of Magna Carta – indeed, to much of the common law and the global community.

“This is about saving the jury system.”

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”.

During his statement on Tuesday, 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.

Mr Lammy said: “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.”

But speaking to Times Radio, he admitted it will be “impossible” to clear the courts backlog by the next election but said his plans will help to reduce it.
Mr Lammy’s statement comes after recommendations were 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.

Reports claiming Mr Lammy was 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”.

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.”

According to the Ministry of Justice, nearly half of the cases in the backlog are violent and sexual offences, and only about 3 per cent of criminal cases are currently heard with a judge and a jury.

As part of the announcement, £550m 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 that less than half of respondents were confident that 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.