Scrapping jury trials will only have ‘modest’ impact on backlog
David Lammy’s controversial plan to restrict jury trials will unlock only “relatively modest reductions in demand given the scale of institutional upheaval”, according to a new report by the Institute for Government (IFG).
The government’s plans, which leaked in November, revealed a move to scrap some jury trials to tackle the nearly 80,000 criminal case backlog.
Despite the backlash, Lammy confirmed the plan in December, citing a report that claims this move will “deliver justice at least 20 per cent faster than jury trials.”
Under his plans, appeals to the Magistrates’ Court will be limited to points of law, to prevent justice being further delayed.
He added that he “will increase Magistrates Court sentencing to 18 months so they can take a greater proportion of lower level offending and relieve pressure on the Crown Court”.
However, according to an IFG report today, time savings from judge-only trials will be marginal at best, amounting to less than 2 per cent of Crown Court time.
While the number of jury trials would be cut by almost half, the actual time saved in the Crown Court is likely to be “less than 10 per cent”.
Cassia Rowland, senior researcher at IFG, said, “The government’s proposed reforms to jury trials will not fix the problems in the crown court.” She added, “The time savings from judge-only trials will be marginal at best.”
“If the UK government is serious about tackling the appalling backlogs in the criminal courts, its focus must be on the investment and reforms that will make the most difference,” said Law Society of England and Wales president Mark Evans.
Government told to focus on efficiency
The report also highlighted the efficiency gap, noting that the Crown Court is currently hearing almost 20 per cent fewer hours per sitting day than in 2016/17.
Poor infrastructure is resulting in time wasted on basic maintenance issues, such as “broken fire alarms and flooded courtrooms.”
“For a bigger and faster impact on the crown court backlog, the government should instead focus on how to drive up productivity across the criminal courts, investing in the workforce and technology required for the courts to operate more efficiently,” Rowland added.
The UK Ministry of Justice (MoJ) is currently undergoing a significant, multi-year digital transformation, with plans focused heavily on AI integration, prison security, and court modernisation.
Evans added that, to bring cases down, “the government must focus on efficiencies and investment across the entire criminal justice system, reducing reoffending rates and the number of cases coming into the courts.”
Despite this, the government’s plan to reduce jury trials will need to pass legislation through Parliament. The report warns that the government has a “fight on its hands” to pass the legislation, with strong resistance expected from judges and criminal lawyers.