The incoming Prime Minister Andy Burnham is facing a mounting pressure campaign from the country's leading criminal barristers, who are urging him to guarantee the preservation of jury trials in the face of contentious reforms. The stakes are high, with the potential reform threatening a fundamental cornerstone of British justice – the right to be tried by one's peers.
The Courts and Tribunals Bill, introduced by Justice Secretary David Lammy, aims to alleviate court backlogs in line with recommendations from Sir Brian Leveson’s independent review. However, the proposed reforms have sparked fierce opposition, with critics arguing that restricting jury trials would undermine the integrity of the justice system. Under the proposed changes, less severe but complex cases – including serious fraud – would be heard by a judge sitting alone, rather than in front of a jury.
Prominent legal figures, including Geoffrey Robertson KC and Chair of the Criminal Bar Association Riel Karmey-Jones KC, have expressed strong reservations about the reforms. They argue that trial by jury is essential for upholding the principles of justice and protecting individual liberties. In a stark warning to Mr Burnham, they stated: "Trial by jury is the lamp that shows that freedom lives – we need an answer now, not in September."
The government's strategy to address court backlogs has been centred on shifting cases from the Crown Court to magistrates' courts under the proposed jury trial restrictions. However, critics have questioned the evidence base for these plans, with Kirsty Brimelow KC, Chair of the Bar Council, asserting that more efficient use of sitting days and targeted listing of offences would be a more effective way to reduce waiting times.
The Ministry of Justice has acknowledged the significant backlog within the criminal justice system, citing government figures showing 80,061 open cases in the Crown Court for the first quarter of 2026. While this represents a marginal decrease from the previous quarter, it marks a five per cent increase compared to the same period last year. Government estimates suggest that without intervention, the backlog could reach 200,000 by 2035.
Despite these concerns, reports indicate that Mr Burnham has privately assured allies of his commitment to abandon the proposed reforms once he assumes office. The pressure on him to make a public statement is mounting, with the CBA's Riel Karmey-Jones KC warning: "We need an answer now, not in September."