A confidential memorandum from Justice Secretary David Lammy has exposed the Government's intention to eliminate jury trials for the majority of criminal cases, restricting them solely to murder, rape, manslaughter and matters of public interest.
The dramatic overhaul of the criminal justice system has been revealed through documents marked "sensitive and official", which outline the most significant changes to trial procedures in decades.
Under the proposed reforms, all remaining criminal offences would be determined by judges sitting without juries, fundamentally altering how crime and punishment is administered in England and Wales.
The radical restructuring represents Labour's response to the overwhelming backlog plaguing Crown Courts, where nearly 77,000 cases await resolution.
Mr Lammy's declares British citizens possess "no right" to jury trials, according to correspondence sent to ministerial colleagues and senior civil servants across government departments this month.
In the proposed system, a new court tier would be established where judges preside independently over serious criminal matters that currently require juries, including sexual offences such as possession of indecent images of children.
These sweeping changes would affect approximately 75 per cent of trials currently heard before juries, dramatically reshaping the landscape of criminal justice proceedings, The Times reports.
The reforms would additionally expand magistrates' jurisdiction, extending their sentencing powers from one year to two years' imprisonment, thereby reducing access to jury trials for defendants facing less serious charges.
Justice Secretary David Lammy is set to scrap jury trials for most crimes
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The Government's approach significantly surpasses the proposals submitted by Sir Brian Leveson in his comprehensive review of criminal courts published in July.
Sir Brian had advocated for establishing an "intermediate" court structure featuring a judge accompanied by two magistrates to handle mid-range offences, whilst also suggesting judge-only proceedings for particularly complex matters involving fraud, financial crimes and cybercrime.
However, Mr Lammy's blueprint eliminates the magistrate component entirely from these recommendations, creating a streamlined system of solitary judicial decision-making.
The Grenfell Tower fire prosecutions are understood to be among the potential candidates for these judge-only proceedings when the new framework takes effect.
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Mr Lammy has previously strongly advocated for jury trials
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Legislative changes required to implement these reforms are expected to be introduced to Parliament in early 2026.
The major policy shift could lead to an embarrassing moment for Mr Lammy, who strongly advocated for the use of jury trials as Shadow Justice Secretary in 2020.
“Jury trials are a fundamental part of our democratic settlement. Criminal trials without juries are a bad idea,” he wrote on X.
“The Government need to pull their finger out and acquire empty public buildings across the country to make sure these can happen in a way that is safe,” Mr Lammy added.
The Criminal Bar Association has mounted fierce resistance to the proposals. Chairman Riel Karmy-Jones KC said eliminating jury trials would dismantle "a fundamental feature of the British constitution, and the British justice system, for over 800 years".
King Henry II implemented England’s first jury trials in the 12th century, gradually replacing the previous trial by ordeal. By 1215, jury trials had become an explicit right in one of the most influential clauses of King John’s Magna Carta.
She cautioned, "the erosion of the right to jury trial will break the increasingly thin connection between the state and ordinary people, and risks undermining social cohesion and trust in the criminal justice system".
The association branded the Government's approach as "the wrong decision", arguing numerous studies demonstrate jury trials command the highest public confidence.
Ms Karmy-Jones warned: "Once that trust disappears, fears of tyrannical governments increase and the faith in justice evaporates for good."
The Justice Secretary's plans have faced opposition from the Criminal Bar Association
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The barristers' organisation emphasised both victims and defendants deserve their cases to be determined by an impartial public panel rather than professional judges alone.
The reforms target the unprecedented delays afflicting the criminal justice system, with certain cases now being scheduled as far ahead as 2029.
Justice Minister Sarah Sackman highlighted the human cost of these delays last week, revealing victims of serious sexual assault routinely face four-year waits before their cases reach court.
She described meeting victims who had lost employment and suffered mental health crises whilst awaiting justice, with increasing numbers withdrawing from proceedings due to intolerable delays.
The backlog has created opportunities for defendants to manipulate the system by entering not guilty pleas and selecting jury trials, hoping proceedings will collapse under the weight of delays.
These "once in a generation" changes represent the government's most ambitious attempt to address the crisis engulfing Crown Courts across England and Wales.
GB News has approached the Ministry of Justice for comment.
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