In a blow to the government’s ambitious plans to overhaul the criminal justice system in England and Wales, a new report from the Institute for Government (IFG) has cast serious doubts on the effectiveness of introducing judge-only trials. The proposed reforms, championed by Justice Secretary David Lammy, aim to slash the number of jury trials in a bid to clear the growing backlog of cases in the crown courts.
However, the IFG’s analysis suggests that these changes will only result in “marginal gains”, with less than a 2% reduction in the total time taken in crown court proceedings. The report argues that while the number of jury trials would fall by around 50%, the overall time savings would be limited to just 7-10%, as judge-only trials would only account for a fraction of that reduction.
Cassia Rowland, the author of the report, said: “The government’s proposed reforms to jury trials will not fix the problems in the crown court. The time savings from judge-only trials will be marginal at best, amounting to less than 2% of crown court time.”
The report’s findings have already sparked a significant backlash from the legal profession, as well as dozens of Labour MPs and peers from across the upper chamber. The IFG warns that judge-only trials “are likely to be highly controversial and to damage public confidence in the criminal justice system”.
The government’s plans had been based on the recommendations of the Leveson Review, which had proposed a “bench division” of the crown court with a single judge sitting alongside two lay members. However, Lammy has scrapped the lay element, opting for a judge-only approach.
The Ministry of Justice has disputed the IFG’s analysis, arguing that the reforms could reduce case times by at least 20% and potentially up to 50%, as seen in practice in Canada. A spokesperson stated: “Victims are facing an unacceptably long wait for justice after years of delays in our courts. That’s why – as this report says – only a combination of bold reform, record levels of investment and action to tackle inefficiencies across the system will get victims the swift justice they deserve.”
Nevertheless, the IFG report presents a significant challenge to the government’s plans, highlighting the need for a more comprehensive and evidence-based approach to addressing the backlog in the criminal justice system. As the debate continues, the future of jury trials in England and Wales hangs in the balance.
