Solicitors mobilised outside parliament this morning to 'sound the alarm' over justice secretary David Lammy's controversial plan to restrict the right to a jury trial ahead of MPs debating the Courts and Tribunals Bill this afternoon.
Today's protest was led by the London Criminal Courts Solicitors' Association. Its president, Jason Lartey, told the gathering that Lammy's proposal would fundamentally alter the rights of those who come before the criminal courts and disproportionately affect minority communities and working class people - people reliant on a fair and accessible justice system.
'We all recognise the criminal justice system is under pressure. The court backlog is real and it needs to be addressed. But removing fundamental rights is not the solution.'
Andrew Bishop, vice chair of the Criminal Law Solicitors Association, described restricting jury trials as 'the wrong answer to the right question'. With magistrates' sentencing powers being increased to up to two years, Bishop said the new Crown Court Bench Division would effectively be dealing with cases with sentences falling between two and three years.
Under the bill, 'if during the trial it becomes apparent the case merits more than three years, the judge has to stop the trial and start again with a jury. What a nonsense that is', Bishop said.
Zachary Whyte, vice president of the LCCSA, said that even if a defendant gets permission to appeal from the magistrates' court, the judge would be able to replace it with an alternative conviction' under the bill's provisions.
Whyte said the new Crown Court Bench Division would just create more bureaucracy when what the system really needed was more funding in the right places and sensible decisions from the Crown Prosecution Service. The government should stop creating more criminal offences. 'We should speak to the CPS about joint enterprise scooping up young black boys when it does not need to be that way,' he added.
Muntech Kaur, president of the Society of Asian Lawyers, said the judiciary were not reflective of the profession and 'far from reflective' of the diversity of the society it served. Juries served as a 'crucial check against state overreach', she said.
Ahead of entering parliament to lobby MPs, some politicians came out to express solidarity with solicitors.
Labour's Kim Johnson MP told solicitors she had a meeting with Lammy yesterday and told him she was minded to abstain in this afternoon's vote. 'But I've made the decision to vote against it,' she said - prompting huge cheers from the crowd.
John McDonnell MP revealed that he will be voting against the bill. McDonnell said the right to a jury trial was a fundamental right 'and this could be a slippery slope withdrawing that basic right we all have. The government have offered some concessions but they're not enough. I do not want to be associated with this bill'.
Declaring solidarity with the profession, Labour MP Imran Hussain said Lammy's plans were 'ill advised, rushed through and will not address the court backlog'.
Apsana Begum MP told solicitors she had personal experience of court and 'I know how vital it is to uphold the [jury] system'.
Labour's Bell Ribeiro-Addy told the Gazette that 'the evidence shows where you have a jury trial, those who are from ethnic minorities are likely to receive a different outcome'.
She added: 'The fact almost the entire legal profession is against this shows us this is wrong. They are the ones who understand what's happening. Trust your lawyer.'
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