Jury Trials

Andy Slaughter Excerpts

Wednesday 7th January 2026 Commons Chamber

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

The background to this debate is well known. Against that background of a historically high and growing backlog of cases in the Crown court provoked by the previous Government, the former Lord Chancellor commissioned Sir Brian Leveson to undertake an independent review of the criminal courts with the aim of bringing the backlog down. Part 1 of the review was published in July 2025, and suggests structural and policy changes. Sir Brian made 45 recommendations, a few of which concerned changes in mode of trial; those have become the main issue of contention, because they restrict the right to jury trial. The policy changes proposed came first because some require primary legislation, but in a matter of weeks we will also have part 2, which will look at greater efficiency in the Crown court and may be less contentious.

Sir Brian makes clear that all the recommendations and both parts of his report are a package, not a pick-and-mix selection. That is because he believes that the crisis in the Crown court, with trials for serious offences waiting three or four years to be heard, is so severe that every lever must be pulled to control and then reduce it, and in that he is surely right. Moreover, this is not a short-term problem. Changes in the complexity and detail of criminal cases mean that longer and more legally and factually difficult trials are here to stay. For that reason, Sir Brian does not recommend that changes should be temporary or curtailed, for example by a sunset clause, in any legislation.

So what happens now? First, we must have Sir Brian’s full report to consider, and, as I have said, part 2 is due imminently. Secondly, we must have the Government’s response to the report, saying which recommendations they accept entirely or in part and which they reject. Then will come the Bill putting necessary recommendations into law and accompanied, we are told, by an impact assessment giving greater statistical colour to the effect of the proposals on the backlog.

[Gideon Amos (Taunton and Wellington) (LD)]

Will the hon. Gentleman give way?

[Andy Slaughter]

I will give way once, but I am aware of time.

[Gideon Amos]

The hon. Gentleman is an expert in this area, but if every lever needs to be pulled, should not the cap on sitting days be removed? That would make a far bigger difference to the process of clearing the backlog than removing jury trials.

[Andy Slaughter]

I am coming on to that. The number of sitting days has already increased substantially in comparison with what the last Government did, and I think that it should increase further, but I also think that when Sir Brian says “every lever”, that is exactly what he means.

The likely date for all the documents that I have mentioned to surface will be some time in the spring, ahead of the end of the current parliamentary Session, with the Bill carried over into the next Session and becoming law later this year.

On 14 October 2025, the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) led a debate in Westminster Hall on

“the Independent Review of the Criminal Courts: Part 1”.

I commend to Members the report of that debate, which was well informed and measured on all sides. I do not think that today’s debate will take the matter further in the absence of the documents that I have described, but here we are. In the meantime, there have been some loud protests about certain of Sir Brian’s proposals from parts of the legal profession and from some Members of this House. They include replacing the right to a rehearing of a case decided in the magistrates court with a limited right of appeal, and extending trial by judge and magistrates to more serious offences than is currently the practice of district judges in the magistrates and youth courts by creating a Crown court bench division.

The Government have said that they wish to go beyond Sir Brian’s proposal for a judge to sit with two magistrates in some cases currently tried by judge and jury, and allow a single judge to decide guilt or innocence in cases likely to attract a sentence of up to three years’ custody. They also go further than Sir Brian in proposing to extend magistrates’ sentencing powers to 18 or possibly 24 months, and removing entirely the defendant’s right to elect. Where the Government seek to go further than the independent review, they should set out clearly their reasons for so doing.

The most controversial proposal is to curtail the right to trial by jury in between a quarter and a half of cases where it is currently available, while retaining it for more serious offences. My own view is that trial by jury is not an absolute or immutable right. The availability of jury trial has varied and generally become more constricted over the ages, in criminal and civil cases—those involving defamation and inquests—through the reclassifying of offences from either way to summary only.

I am pro-jury. I think that a lay element in the criminal justice process is reassuring, introducing a more democratic element into a profession regarded by some as elitist and homogeneous. I think that the involvement of citizens in the criminal justice system, whether jurors or magistrates, is good not only for the individuals and the legal system but for society generally. However, where we draw the line between jury trial and other modes of trial is a matter of degree and judgment, not of legal or moral principle. I think that there is nothing wrong with reviewing the appropriate forum for trial, as has been done many times, whether in its own right or because it is a piece of the jigsaw that will create a better system overall. I would like to see more evidence to support the contention in Sir Brian’s review that significant time will be saved and a significant increase in the number of cases heard will result. I would like to hear that there is more money for sitting days, for trial counsel and for functioning courts; that courts are run more efficiently; that listing is as good at every Crown court as it is at the best; and that Serco and Amey deliver prisoners to court in good time to start the day’s proceedings, not halfway through the afternoon.

We are not going to get the answers to all these questions today, although I hope that we will before long. I prefer the Government amendment, which anticipates the provision of this information, to the Opposition motion, which prejudges what it will contain, and I acknowledge that the Government have already increased the budget and have already introduced greater-efficiency measures.

The Justice Committee is seized of this issue. We heard evidence from Sir Brian Leveson in November and interrogated the Lord Chancellor in December, and next week we will hear from opponents and supporters of the proposed reforms and from the Minister for Courts and Legal Services, who opened this debate. We may have some criticism of the Bill or of the Government’s response to the review and seek to amend, but, like the Government and, I think, Members in all parts of the House, we hear every week of fresh indignities heaped on victims of crime, and on defendants too, who are made to wait for years beyond what is humane, often in a physical or mental prison, for a resolution of their cases. Not to consider them is not to be serious either about the damage that delay is doing to individuals or about the damage that it is doing to confidence in our courts.

This is not a one-way valve; there are gains and losses, whatever course we take. For the present, I am prepared to give the Government the benefit of the doubt that they are looking for every possible measure to repair our battered justice system. I certainly prefer their honest endeavour to the gamesmanship of the Conservative party, which broke the system and now seeks to use its dilapidated condition as a political tool.