Jury Trials

Neil Shastri-Hurst Excerpts

Wednesday 7th January 2026 Commons Chamber

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

The right to trial by jury is not some procedural convenience capable of being abridged when the administrative weather turns foul; it is one of the great constitutional expressions of liberty under the law. It is overwhelmingly legitimate, because it places the citizen, and not the state, at the heart of criminal judgment. When the state proposes to narrow the circumstances in which it must persuade 12 of a defendant’s peers, it is not merely managing a backlog; it is fundamentally recalibrating the balance between the individual and the Crown.

There is no doubt that the criminal justice system is under acute strain. Victims and defendants wait too long. Justice is stretched thin. However, the issue before us is not whether reform is necessary, but whether this reform is justified, proportionate and supported by evidence.

[Alison Griffiths (Bognor Regis and Littlehampton) (Con)]

I hear everything my hon. Friend says. In his opening speech, my right hon. Friend the Member for Newark (Robert Jenrick) laid out a number of matters that could be acted on immediately to improve efficiency and ensure that we maintain the pillar of society that is our jury trials. Do you agree that we should be focusing immediately on that, rather than demolishing—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. No “yous”—it is not me responding.

[Dr Shastri-Hurst]

My hon. Friend is entirely right, and I will touch on some of those points in a moment.

There has quite rightly been much reliance on Sir Brian Leveson’s report; he is a jurist of great distinction, and his work deserves careful reading, rather than convenient citation. Notwithstanding his analysis, this is a fundamental change to our legal system, and what is conspicuously absent from the Government’s argument is compelling evidence that jury trials are the principal driver of delay. If we are serious about confronting the backlog, we must look unflinchingly at the real causes: the prosaic but decisive failures of capacity, of which the jury trial is merely the most visible casualty.

The first issue is judicial sitting days. Courts cannot hear cases without judges. For too long, we have rationed judicial time as though it were a luxury, rather than the lifeblood of the system. Courtrooms stand idle not because juries cannot be summoned, but because there are no judges available to sit.

The second issue is the court estate. In too many parts of the country, criminal courts are dilapidated, unreliable and, frankly, unfit for purpose. Trials are delayed because of leaking roofs, broken technology and inadequate facilities.

[Catherine Atkinson]

Is there a part of the hon. Gentleman’s speech where he says that the reason that so many of our courts are dilapidated and falling down is because we did not see investment in 14 years of Conservative Government?

[Dr Shastri-Hurst]

The hon. Lady is right to a degree: there has been failure by successive Governments to invest in the criminal justice system. If we were serious about this issue in this place, we would look at cutting welfare, which spends the entirety of the Ministry of Justice’s annual budget in just two weeks. We need to prioritise spending, and the criminal justice system has been left high and dry for far too long by Governments of all colours.

It is now routine for trials to be adjourned because defendants either arrive late or do not arrive at all, with juries discharged, witnesses turned away and days of court time lost as a consequence. These delays have nothing whatsoever to do with the presence of a jury, and everything to do with operational failure in the system.

The next point I wish to make, and possibly the most grave, is about the erosion of the criminal Bar. We face a serious shortage of suitably qualified advocates both to prosecute and to defend. Cases are delayed because no one of appropriate experience is available or willing to take them on. That is not inefficiency, but attrition. Curtailing jury trial risks mistaking the symptom for the disease. Worse, it risks creating a system that is perhaps faster, but thinner, and ostensibly more efficient, but unquestionably less legitimate.

I think of the words of Lord Hailsham, a former Lord Chancellor and one of the greatest legal minds of the previous century, who warned this very House of the dangers of an “elective dictatorship”, and the slow accretion of power to the state at the expense of the citizen. The jury trial is one of the great counterweights to that tendency, ensuring that the coercive power of criminal law is exercised only with the consent of the community. Juries do much more than merely find facts; they embody public confidence, guard against institutional complacency and remind us that justice is not something merely administered to the people, but done with them. If the Government believe that it is right to curtail that right, they must show clear evidence that jury trials cause the delay, that alternative modes of trial would be demonstrably faster, and that fairness, legitimacy and public confidence would not be diminished.

[Rupert Lowe (Great Yarmouth) (Ind)]

There was no mention of reforming the jury trial system in the Labour manifesto. Given that this is a fundamental, very serious change to the operation of our legal system, which has served us well for centuries, does the hon. Gentleman agree that this change should never be allowed to go ahead without some form of electoral mandate?

[Dr Shastri-Hurst]

The hon. Gentleman is entirely right: there is no mandate for this decision. It represents such a significant constitutional change to our legal system, and it is being made without reference to the will of the people.

Justice delayed is indeed justice denied, but justice expedited at the cost of constitutional principle may prove a far greater denial still.