Criminal Courts: Independent Review

Debate between Ashley Fox and Jeremy Wright

Tuesday 14th October 2025 Westminster Hall

[Sir Jeremy Wright]

The hon. Lady is right, and juries are cheap—that is undoubtedly the case—but they do not sit without a judge, and I am afraid that we pay the judge for a jury trial, just as we would for a judge-only trial. I do not think that the financial saving, in that sense, can be left out of account, and there is not much difference, in terms of what the judge is paid, whether they are hearing the case on their own or with a jury. The only difference may be that we will make better use of that judge, because the trial will complete more quickly, and they will be able to get on to other business more quickly. However, I understand the point that the hon. Lady makes.

[Sir Ashley Fox (Bridgwater) (Con)]

Does my right hon. and learned Friend agree that Sir Brian’s proposals to change access to jury trials represent a distinct restriction of freedom for citizens facing trial, yet he does not offer convincing evidence that that will save an enormous amount of time or speed up the trial process, and that that lack of evidence causes concern to many practitioners?

[Sir Jeremy Wright]

Yes. My hon. Friend makes a really important point. Again, to be fair to Sir Brian, it is not within his capacity to do all the analysis necessary to follow through his recommendations and to understand quite what the effect on the system will be. However, I agree with my hon. Friend’s point. As I was about to say, we have to balance the advantages that Sir Brian sets out with the disadvantages that would undoubtedly arise from his proposals. It is hard to do that in an informed way if we do not know exactly what the resource benefits will be of implementing these proposals.

Let me come on to the third area of recommendations that I want to discuss, regarding the removal of a right to jury trial, particularly in complex fraud cases, where trials can take months and where, apart from anything else, the impact on the lives and jobs of jurors can be immense. As I have suggested, this is not a new idea by any stretch of the imagination, but I am not yet certain that it would be right to conduct all such trials without a jury.

Many who practise in this area, and some judges, continue to believe that juries can consider these cases thoroughly and fairly and reach appropriate verdicts, even when the evidence is complex; indeed, I have seen that for myself. The argument is made that these cases are really about dishonesty, and that it is the job of counsel and of the judge to make the issues and the evidence clear to a jury. All of those are reasonable arguments, and those of us who believe in the jury system instinctively baulk at the idea of restricting it. However, I go back to the central premise of this report: the system is under intolerable pressure, and something must be done about it.

If it can be established—this goes to the point made by my hon. Friend the Member for Bridgwater (Sir Ashley Fox)—that complex fraud trials are indeed the cause of much of that pressure and, crucially, that judge-only trials would help substantially to relieve it, then given the relatively even balance of arguments for and against this change, which have been made for decades, it is perhaps a least worst option worth considering.

Sir Brian’s proposal to allow most defendants to opt for a judge-only trial if they wish is of course much less controversial and well worth pursuing, as it does not inhibit the right to a jury trial if a defendant still wishes to have one. The only caveat is that we must avoid the complexity of allowing different defendants in the same case to have different types of trial. If all defendants in one trial cannot agree on a judge-only trial, I am afraid that all must be tried by a jury. Any other approach would lead to multiple trials, which could and should have been avoided because of their impact on witnesses, who would have to give evidence repeatedly, and because they would reduce or eliminate the benefit of judge-only trials in using up less court time.

As I said, there is too much in this review of the criminal courts for me to be able to talk about everything, and there are some important recommendations that I have not been able to mention—perhaps others will. I want to finish where I started, with the reason this review was commissioned and the inescapable context of it: our criminal courts are under incredible pressure, and there must be a policy response to relieve it. Otherwise, we may see the expectation of fair and swift justice, which underpins our society, erode or even fail. That is not something that we—Government or Parliament—can allow to happen. If Sir Brian Leveson’s proposals are not to be adopted, others must be. On that crucial question, I look forward to hearing what colleagues and the Minister have to say.