In a bold move to address the growing backlog of cases clogging the court system, David Lammy, the Lord Chancellor, has urged MPs to consider implementing Canadian-style reforms that would significantly reduce the number of jury trials in England and Wales.
Lammy, who recently visited Canada to observe their criminal justice system in action, believes that the introduction of judge-only trials for cases where the potential sentence is three years or less could clear the backlog of nearly 80,000 trials within a decade. The deputy prime minister argues that this approach, which has been in use in Canada for decades, is a “very normal” practice that often sees defendants preferring to be tried by a single judge rather than a jury.
The proposed reforms would also extend the powers of magistrates, allowing them to handle cases with sentences of up to 18 months, and establish a “swift” court system to hear cases without a jury. Ministers have argued that these measures are necessary to tackle the growing backlog, which has been exacerbated by the COVID-19 pandemic and an increase in the number of cases entering the criminal justice system.
However, the plans have faced significant opposition, with dozens of Labour MPs expressing concerns that the changes could make it harder for defendants from working-class and minority ethnic backgrounds to challenge a prosecution. One rebel Labour MP, the former shadow attorney general Karl Turner, has even threatened to stand down and trigger a by-election unless the government scraps the plans to restrict jury trials.
Responding to the criticism, Lammy acknowledged the need to listen to parliamentarians and said he is “keen to speak to them.” He maintained, however, that reform is necessary to “save the criminal justice system and make it fit for purpose.”
Opponents of the proposals, such as Richard Atkinson, the immediate past president of the Law Society, argue that the focus on introducing judge-led courts ignores other practical solutions to the backlog, such as repairing existing but unused courts, investing in legal aid, and earlier mediation. They also point to the significant differences between the criminal justice systems in Canada and England and Wales, suggesting that the Canadian model may not be directly applicable.
As the debate continues, the government will need to carefully weigh the potential benefits of the proposed reforms against the concerns raised by MPs and legal experts. With the backlog set to continue rising, the pressure is on to find a solution that balances efficiency and fairness within the criminal justice system.
