Legislation to enact the government's proposals to curb the right to trial by jury made its first appearance today. The Courts and Tribunals Bill, introduced by lord chancellor David Lammy MP, is expected to receive intense scrutiny during its passage through parliament which began with the formality of a first reading this afternoon. 

The measure's long title is: ’A bill to make provision in relation to criminal courts in England and Wales; to make provision about the leadership of tribunals; to amend section 1 of the Children Act 1989 to remove the presumption relating to the involvement of parents in the life of a child; and for connected purposes.’

Among its provisions: 

  • Part 1 of the bill, which deals with proceedings in the criminal courts, amends the Magistrates' Courts Act 1980 to remove the right to elect trial and the Senior Courts Act 1981 to enable cases to be allocated for trial without a jury. Another provision creates a power to order 'certain complex or lengthy cases' to be tried without a jury. 
  • Part 2 of the bill amends parts of the Children Act 1989 to repeal the presumption that the involvement of each parent in the life of a child will further the child's welfare. It also amends the Constitutional Reform Act 2005 to unify the leadership of tribunals under the lady chief justice and allow for the appointment of a deputy head of tribunals justice. 
  • Part 3 gives the lord chancellor powers to make secondary legislation. 

Announcing the bill, Lammy said: 'The criminal courts we inherited were on the brink of collapse, with victims waiting years for justice while the backlog spiralled out of control. For too long, victims have paid the price for a system left to crumble by those who should have acted to reform our justice system for the modern realities of crime.

'Our courts reform will deliver record investment, serious reform and practical modernisation to get cases heard faster, protect jury trials for the most serious crimes, and set us on a path to turn the corner on the rising backlog by the end of this parliament. This is the only way to deliver the swift and fair justice victims deserve.'

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Chair of the Commons justice committee Andy Slaughter MP (Labour) said the bill' 'shows the government is serious about its intention to control the Crown court backlog by a combination of investment, greater efficiency and reform, including controversial proposals on how and where cases will be tried'.

Publication of the measure 'should allow the government to explain exactly what type and number of cases will lose the right to a jury trial and how much this will contribute to reducing the backlog,' he added. 'That evidence is what should decide how the right to jury trial is prescribed.'   

No date has been set for the bill's second reading. However the government says it expects the measure to receive royal assent by the end of this year.