David Lammy’s proposals to curb jury trials go too far, the Law Society has declared after the justice secretary confirmed he is pressing ahead with the proposal despite widespread opposition from solicitors and barristers.
In a set-piece speech in east London, Lammy confirmed that the government will proceed with legislation to reduce the role of juries in criminal cases as well as take forward some of Leveson's 135 recommendations to drive efficiency. A bill is expected to be introduced in parliament today.
Lammy’s reform package is inspired by Sir Brian Leveson’s criminal courts review. However, Leveson recommended the establishment of a Crown Court Bench Division in which cases carrying a maximum sentence of up to two years are heard by a judge flanked by two magistrates. Lammy has dropped the magistrates in his proposed model and judges alone would hear cases likely to attract a sentence of up to three years.
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The Society’s immediate past president Richard Atkinson, a criminal defence solicitor, said: ‘The backlogs in our courts need to be tackled urgently and additional investment and resources and a commitment to Sir Brian Leveson’s recommendations are welcome. However, the government’s proposals go too far in eroding the longstanding right to be judged by a jury of our own peers. They allow a single judge to determine guilt in serious, lifechanging cases which could significantly affect people’s liberty and reputations.’
Atkinson said: ‘Lasting reform requires sustained funding for court capacity and the legal profession, not rushed legislation that risks weakening confidence in the justice system.'
The government hopes to see the new Crown Court Bench Division up and running by 2028. Criminal practitioner groups have united to fight Lammy's curb on juries and are planning to hold a day of action in protest.
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