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Government U-turns partially on jury trial reforms amid justice system concerns

The government has partially reversed plans to scrap jury trials for some offences, following public and legal sector pushback. The Ministry of Justice will now only remove jury trials for certain fraud and financial proceedings.

  • The government will now only scrap jury trials for certain fraud and financial proceedings, not all either-way offences.
  • The Courts and Tribunals Bill, which includes these changes, is due to return to the House of Commons on 13 October.
  • A Bar Council report indicates that only one in five barristers believe the public has acceptable access to justice.

The government has announced a partial reversal of its plan to remove jury trials for certain offences. Initially, David Lammy, justice secretary under Keir Starmer, had proposed dropping all jury trials except for murder, rape, or manslaughter cases. This proposal, which emerged nearly a year ago, led to significant public and professional opposition.

The Ministry of Justice (MoJ) issued an alert on Sunday, revealing that the government will now only remove jury trials for specific fraud and financial proceedings. The Courts and Tribunals Bill, which incorporates these changes, is scheduled to return to the House of Commons on 13 October.

Despite this adjustment, the legal community continues to express concerns. Andrew Thomas KC, chair of the Criminal Bar Association (CBA), stated that volunteer magistrates are "completely unequipped to try complex, multi-day trials." He also highlighted difficulties in obtaining Legal Aid in Magistrates' Courts, potentially leading to self-representation for those facing long sentences.

Alex Norris, Secretary of State for Justice, acknowledged that the government inherited "criminal courts on the brink of collapse." A new report from the Bar Council indicates that only one in five barristers believe the public has acceptable access to justice, with 74% of those who took a stance stating the system is failing the public. Barristers have also reported poor working conditions, including rats in court buildings and a lack of basic facilities, contributing to lawyers leaving criminal law.

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