New prime minister Andy Burnham has indicated that he is poised to scrap former lord chancellor David Lammy’s jury trial curbs.
Speaking at an event in Sheffield today, Burnham said he wanted to ‘look in detail’ at the proposals but that his instincts were ‘not to reduce access to jury trial’.
Lammy’s plans are contained in a courts bill which is set to return to the Commons after the recess.
Burnham said: ‘I have my concerns about the plan to restrict jury trials, partly from my personal experience, particularly Hillsborough. So I want to really look in detail at that proposal and my instincts are that we need to find ways of not reducing access to jury trial. It’s similar to the early release scheme. I want to get inside these issues before I confirm any of the plans that I inherited and, in fact, probably looking for changes.’
Lammy announced last December that defendants who were likely to receive a sentence of three years or less would no longer get a jury trial. He said the proposals could clear a backlog of nearly 80,000 criminal trials.
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Law Society president Mark Evans said: 'Our courts are under immense pressure, with backlogs delaying justice for communities. The new UK government must move quickly to set out a comprehensive, whole-system plan to implement Sir Brian Leveson’s recommendations [on cutting the backlog]. This should include sustained investment in people, infrastructure and technology. Any efforts to reduce court backlogs must not come at the expense of fundamental safeguards. Jury trials must be protected to ensure public confidence in our justice system.'
Bar chair Kirsty Brimelow KC said: 'Relying on a bit of my own northern bluntness, it is encouraging if common sense is prevailing. One of my first actions was to write to the prime minister urging him to back away from the jury reduction course of the previous administration. Examination of the evidence shows that reducing jury trials is not required to reduce the backlog of cases and, in fact, could be counterproductive. The prime minister’s comments give me hope that he is listening. Disappointingly, a letter to the previous prime minister, signed by 3,200 barristers and retired judges, went unanswered.'
Riel Karmy-Jones KC, chair of the Criminal Bar Association, said: 'Jury trial is here to stay. We welcome this clear indication that this government understands that the right to jury trial goes hand in hand with our PM’s statement that “the care of people” is at the heart of his new administration, and that a circuit break is necessary to reconnect with ordinary people across the country.
'The criminal bar looks forward to Mr Burnham putting this message into firm clear terms when parliament returns this September, and to corresponding amendments being made to the first half of the bill, Clauses 1 to 7, which as they stand are simply unjust. Claims that they will improve the speed with which trials are dealt with, or the process have been shown to be spurious, and will result in far too many serious cases being kept in the magistrates’ court.'
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