Lord chancellor Shabana Mahmood faces overwhelming opposition from criminal barristers if she pursues proposals to curb jury trials, the findings of a snap survey commissioned by the Criminal Bar Association suggests.
The government is considering a ‘radical and essential package of measures’ recommended by retired judge Sir Brian Leveson to cut the Crown court backlog. Sir Brian’s proposals would see more cases heard by a judge flanked by two magistrates in a new Bench Division of the Crown court.
However, the CBA’s survey reveals widespread opposition to several proposals that would limit jury trials. Nine in 10 respondents opposed removal of the right of appeal against a judge’s decision for the case to be heard in the Bench Division rather than by judge and jury. Nine in 10 respondents also opposed sexual offences cases being handled by the Bench Division. Three-quarters of respondents opposed judge-alone trials for complex and serious fraud offences.
Eight in 10 respondents said more Crown court sitting days should be the top priority to fix the justice system.
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The survey, carried out by Professor Katrin Hohl, was open only for a week but attracted 2,029 responses. 'This may be an indication of the strength of feeling at the criminal bar and desire to have their voices heard and listened to as the government considers the Leveson proposals,' Hohl said.
Meanwhile, CBA chair Mary Prior KC and Bar Council chair Barbara Mills KC have asked Crown Prosecution Service chief inspector Anthony Rogers to clarify what he meant when he said in his 2024/25 annual report that 'vested interests of long-standing rights being espoused by some legal professionals' must be set aside to fix the criminal justice system.
A spokesperson for HM Crown Prosecution Service Inspectorate said: 'Given the national emergency this is the time for everyone to come to the table and think of radical solutions to fix the issues in our criminal justice system.'
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