Crisis calls for jury trials rethink

With over 78,000 Crown Court cases pending and some hearings not expected to occur until 2027, the current situation puts immense strain on the judicial system. They argue that removing juries is not the solution and could lead to major complications within the justice framework.

In their view, the jury system is pivotal to maintaining public confidence in the legal process. "The criminal courts in England and Wales are in crisis, but scrapping most jury trials is the wrong answer," they stated. They identified chronic underfunding, court closures, diminished legal aid, and a lack of resources in the legal profession as the primary contributors to this crisis, rather than the jury system itself. "Removing public participation in verdicts will not fix these structural issues. Instead, it risks eroding confidence in the fairness and transparency of trials,” they cautioned.

They noted that earlier proposals like those by Sir Brian Leveson suggested a more balanced reform to alleviate pressure. He recommended establishing an intermediate tier consisting of a judge alongside two magistrates to help manage case flow while preserving public involvement. However, the government's current proposals extend beyond this recommendation, which raises further concerns for Smith and Langtree. They fear that once jury trials are removed for specific offences, they may not be reinstated.

While they acknowledge the urgent need for action regarding the backlog, they believe that compromising the fundamental principles of criminal justice is a risky direction. They conclude that significant reforms can be achieved without dismantling the jury system that has long served as a cornerstone of justice in England and Wales.

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