The government’s proposal to limit jury trials in England and Wales faces a significant obstacle – the already stretched magistracy. The magistracy is the linchpin of the criminal justice system, but recruitment of suitable volunteers has proven difficult.
In January 2022, a £1 million campaign was launched to recruit 4,000 new magistrates, but by April 2024, only 2,008 new appointments were made. The success rate of applicants in the year ending March 2025 was just 22%.
Additionally, there is a proposal to extend magistrates’ sentencing powers up to 18 months and remove the right to jury trial for offences within that level. Last year, 47% of custodial sentences (23,059 cases) imposed in the crown court were for 18 months or less, indicating a massive increase in workload for the magistrates’ court.
Retired barrister Janet Carter suggests creating a “trial-only” panel within the magistracy, with faster recruitment, shorter training, and more flexible sitting requirements, to sit alongside fully trained presiding justices and with a right of appeal. This, she argues, could enable a wider cross-section of the community to apply and might just work.
However, the Bar Council stands firm in protecting the jury trial, which reflects the legal history, tradition, and culture of England and Wales. Kirsten Brimelow KC, Chair of the Bar Council, argues that a panel of a judge and two magistrates would not comprise the jury group participation that safeguards against verdicts disproportionately impacting minority communities.
Additionally, the government’s focus on reducing jury trials (about 2% of cases) and setting up a new court is draining resources away from immediate action to cut delays for complainants and victims waiting to give evidence in trials. The Bar Council maintains that addressing issues such as the lack of barristers due to insufficient legal aid implementation would reduce the backlog in 2026.
Paul Keleher KC, writing from London, criticises David Lammy’s proposed reforms, arguing that they bear little resemblance to the Canadian system, which allows defendants to elect for judge-only trials but maintains an absolute right to trial by jury, unlike Lammy’s plans to dismantle the current system.
The government’s plans to limit jury trials face a complex challenge, with the magistracy already stretched and concerns raised about the impact on minority communities and the diversion of resources from more immediate solutions to the backlog.