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Britain scraps heavily criticised plans to curb jury trials after backlash - Headlines news and analysis from Global Banking & Finance Review
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Britain scraps heavily criticised plans to curb jury trials after backlash

Published by Global Banking & Finance Review

Posted on October 3, 2026

3 min read

· Last updated: October 3, 2026

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Britain Drops Plan to Limit Jury Trials Amid Legal and Political Backlash

Government Reverses Course on Jury Trial Restrictions

By Sam Tobin

LONDON, Oct 4 (Reuters) - Britain will scrap plans to remove the historic right to trial by jury for defendants in less serious criminal cases, the government announced on Sunday, in response to sustained criticism of the proposals by many lawyers and politicians.

Background and Political Context

The decision by Andy Burnham, who became prime minister in July, to drop his predecessor Keir Starmer's policy comes as hundreds of prisoners were released early to stop prisons becoming full, in just one element of a criminal justice crisis.

Details of the Abandoned Plan

Plans to curb jury trials for cases where a jail sentence was likely to be less than three years would be abandoned, the Ministry of Justice said, which was broadly welcomed by the Criminal Bar Association and other groups.

Concerns Over Magistrates' Powers

But lawyers raised concerns over the MoJ's decision to increase sentencing powers for magistrates – who hear trials for more minor offences without a jury – and the removal of defendants' right to elect trial by jury.

Reactions from Legal Community

Justice Secretary's Statement

"I have heard the strength of feeling on the proposals for increasing the number of judge-alone trials in the Crown Court and have made the decision to change course," Justice Secretary Alex Norris said.

Response from Bar Associations

CBA chair Andrew Thomas thanked the government for "listening to the evidence and reaching the right verdict", though he said "a severe threat to our trial by jury remains".

The Bar Council's chair Kirsty Brimelow agreed, saying that giving magistrates greater powers when the backlog in magistrates' courts is increasing could be counterproductive.

Ongoing Challenges in the Justice System

Victims Waiting Years for Justice

VICTIMS WAITING YEARS FOR JUSTICE

The current backlog of cases awaiting trial by jury in Crown Courts in England and Wales was nearly 81,000 at the end of June, almost double the figure in 2020, and victims, defendants and witnesses often wait years for cases to come to trial.

Debate Over Causes of Delays

Starmer's justice minister David Lammy last year said reducing jury trials would speed up justice, but met a furious backlash from lawyers who said it curtailed the fundamental right of defendants to be tried by a jury of their peers.

Critics also argued that years of neglect and under-investment by successive governments, rather than jury trials, were the root cause of delays, while the head of England's judiciary raised "grave security concerns" for judges.

Complex Fraud Trials Remain an Exception

The MoJ said it would maintain plans that complex fraud trials could be heard by a judge alone, which has long been mooted to avoid jurors sitting on months-long cases, though a government-commissioned review this year rejected the idea.

(Reporting by Sam Tobin; Editing by Alex Richardson)

Key Takeaways

  • PM Andy Burnham has reversed Keir Starmer-era proposals to remove defendants’ right to jury trials for offences with expected sentences under three years, acknowledging strong opposition from legal bodies and MPs. (lbc.co.uk)
  • The Courts and Tribunals Bill initially sought to permit judge-only trials for mid-level (‘either‑way’) offences to reduce Crown Court backlogs, but was fiercely criticized by the Law Society, Bar Council and dozens of Labour MPs as unfair and counterproductive. (commonslibrary.parliament.uk)
  • While jury trial restrictions have been shelved, legal experts warn that boosting magistrates’ sentencing powers and removing defendants’ election of jury trials still pose threats to fairness and trust in the justice system. (lawsociety.org.uk)

References

Frequently Asked Questions

Why did Britain decide to scrap plans to curb jury trials?
The government responded to sustained criticism from lawyers and politicians, maintaining the historic right to trial by jury for lesser criminal cases.
What were the original proposals regarding jury trials?
The proposed plan aimed to remove the right to trial by jury for cases with likely jail sentences of less than three years.
What concerns did lawyers express about the new justice policies?
Lawyers were concerned about increasing magistrates' sentencing powers and the removal of the right to elect trial by jury.
What issue does the current Crown Court system face?
There is a large backlog of nearly 81,000 cases awaiting trial by jury, resulting in long waits for victims, defendants, and witnesses.
Are there any trial reforms that will continue under the new decision?
Complex fraud trials may still be heard by a judge alone, despite the main plan being abandoned.

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