Lawyers called on Keir Starmer to drop jury plans and instead deliver on its promise to set up rape courts, in response to a King’s Speech that pledged ‘significant reforms’ to the criminal justice system as part of a wider public-service overhaul.
The speech presented criminal justice reform through the government’s Courts and Tribunals Bill, with additional changes to policing, including the abolition of Police and Crime Commissioners, and the National Health Service. It presented all three as part of an effort to help public services ‘deliver services the British people expect’.
If enacted, the bill would remove the right to juries in triable either-way cases likely to receive sentences of three years or less and establish a new Crown Court ‘Bench Division’ to hear them. Separate provisions would also allow judge-alone trials in suitably complex cases, such as those regarding financial crimes.
Furthermore, it would extend magistrates’ sentencing powers up to 24 months and replace the automatic right to appeal from the magistrates’ court to the Crown Court.
The proposals have already drawn criticism from legal commentators, particularly over measures expected to reduce the use of jury trials in England and Wales.
The Bar Council criticised the government’s direction. Responding to the King’s Speech, chair of the Bar Kirsty Brimelow KC urged ministers to ‘drop its plans to reduce jury trials’ and instead introduce specialist sexual offences and domestic abuse courts to ameliorate the backlog of cases. ‘Setting up rape courts was in the Labour party manifesto. Removing jury trials was not a pledge,’ she said.
Brimelow added that ‘investment, and addressing the inefficiencies plaguing the system, will reduce delays and the backlog of cases’, rather than ‘an unnecessary changing of the criminal justice system structure’. She also warned that without investment in lawyers who prosecute and defend cases, more criminal barristers could leave the profession, causing further delays.
The Law Society of England and Wales also warned that the reforms must be backed by investment. Responding to the King’s Speech, Law Society president Mark Evans said justice reforms needed ‘sustained investment to address longstanding pressures and ensure access to justice for all’. He cautioned that limiting access to jury trials ‘risks undermining fairness and public confidence in the criminal justice system without clear evidence it will reduce backlogs’.
Craig Smith and Dr Kim Langtree, lecturers in law at the University of Salford, said the reforms are likely to reignite ‘significant constitutional and practical debate surrounding the future of jury trials in England and Wales’. They argued that while the Crown Court backlog requires urgent attention, restricting jury trials raises questions about ‘legitimacy, public confidence, and the long-term direction of criminal justice reform’.
‘At a time when confidence in public institutions remains fragile, reforms which reduce community participation in criminal adjudication risk creating the perception that justice is becoming increasingly technocratic and detached from the public it serves’, they stated.
Victim Support called for clarity over the future funding of victims’ services. Responding to the King’s Speech, chief executive Katie Kempen said that with the abolition of Police and Crime Commissioners ‘fast approaching’, ministers needed to clarify how services they currently commission would be funded. She said the reforms were an opportunity to end the ‘postcode lottery of support’ and ensure victims’ funding is ‘properly ringfenced and protected’
The Courts and Tribunals Bill is currently awaiting report stage in the House of Commons, with no date yet announced. It would need to pass the House of Lords before becoming law.
