Trials: Human Rights

(asked on 3rd December 2025) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to ensure that the removal of a defendant's right to elect a jury trail is compatible with Article 6 of the ECHR.


Answered by
Sarah Sackman Portrait
Sarah Sackman
Minister of State (Ministry of Justice)
This question was answered on 10th December 2025

We are confident that the removal of the defendants’ right to elect is compatible with Article 6 of the ECHR. Whilst the jury trial will remain an important feature of the criminal justice system following these reforms, it is important to recognise that there is no constitutional right to a jury trial. As you will be aware, the vast majority of criminal trials in this country are conducted fairly, without a jury. 90% of all criminal cases being dealt with by magistrates. Only around 3% of all criminal trials are heard by a jury currently. But the status quo is not working for victims, defendants or anyone involved in the justice system.

The Government inherited a justice system in crisis, with a record and rising open caseload of nearly 80,000 criminal cases waiting to be heard and too many victims waiting years for justice. One of the first priorities of this Government has been to tackle this crisis which is why we asked Sir Brian Leveson to undertake his independent review. On 2 December, the Deputy Prime Minister responded to the first part of that review and set out why reform is necessary, alongside investment and modernisation.

As with all reforms, we will conduct full equalities impact assessment ahead of implementation to obtain an understanding of the impact.

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